The question is about editorial commentary.

This is not a matter of copyrighted material - such as images or copy or other intellectual property. It's objection being made on the part of a trademark holder over use of a term that also happens to be trademarked.

The context and manner in which the terms are used is what's at issue.

The Bosley Medical trademark/copyright ruling by a federal court even sanctioned some pretty blatant use of a trademarked name.