Oh, I totally agree this appears to be prima facie nominative fair use: using a competitor's name for the basis of comparison has a strong history in US trademark law. It'd be interesting to find out why The New York Times thinks otherwise.
My issue was with GGP's insistence that it had nothing to do with fair use or that people talking about fair use were necessarily talking about NYT's copyright claims. Fair use also applies to trademarks.
My issue was with GGP's insistence that it had nothing to do with fair use or that people talking about fair use were necessarily talking about NYT's copyright claims. Fair use also applies to trademarks.