If Plaintiff's mark is suggestive (i.e., it requires thought or imagination to understand the nature of the underlying goods or services, such as TIDE for laundry detergent), arbitrary (i.e., a word or phrase that exists in language, but has no relation to the goods or services, such as APPLE for computers), or fanciful (i.e., a new word, created as a trademark, such as KODAK for cameras), descriptive fair use does not apply.
If Plaintiff's mark is suggestive (requiring thought or imagination to understand its connection to the underlying goods/services, like TIDE for laundry detergent), arbitrary (a term unrelated to the goods/services in language, akin to APPLE for computers), or fanciful (an invented word as a trademark, similar to KODAK for cameras), descriptive fair use is not applicable.