Final answer:
The term 'nominative fair use' allows a party to use another's trademark for purposes such as comparative advertising (option a) , where the trademark is used to directly compare products. It is considered fair use when the trademark is only used to the extent necessary for comparison and there is no implication of endorsement or sponsorship by the trademark holder.
Step-by-step explanation:
A party may be permitted the fair use of another’s trademark under specific conditions, which essentially allow for use of the trademark without the owner's permission in particular scenarios. One such scenario is described as nominative fair use, where the use of a trademark is necessary to identify or describe the trademark owner's product, particularly when comparing products or providing a review or commentary.
The conditions that permit nominative fair use typically require that the user is not suggesting sponsorship or endorsement by the trademark holder, and the trademark is only used to the extent necessary to identify the product or service.
Regarding the options provided for examples of nominative fair use, comparative advertising is often considered a classic example of nominative fair use. This is where a competitor uses a trademark to compare their product directly with the trademarked product, illustrating differences, and often highlighting the advantages of their own product over the competitor's.