> 'nominative fair use' is a legal theory of _trademark_, and what you say may actually be more applicable to trademark, aha, okay. Important to be clear though.
This part is the only part that matters here: the second C&D about the use of New York Times mark is entirely about whether it's fair use to use it.
This part is the only part that matters here: the second C&D about the use of New York Times mark is entirely about whether it's fair use to use it.