With no explanation, chose the best option from "A", "B", "C" or "D". 125 S.Ct. 542, 160 L.Ed.2d 440 (2004) (applying the fair use doctrine to a confusion claim) (citing 15 U.S.C. § 1115(b)); Sugar Busters, LLC v. Brennan, 177 F.3d 258, 270-71 (5th Cir.1999) (applying the fair use doctrine to a dilution claim) (citing Soweco, Inc. v. Shell Oil Co., 617 F.2d 1178, 1189 n. 30 (5th Cir.1980)). All Defendants must do to assert the defense is establish that they used the dis puted term (a) descriptively, (b) fairly, and (c) in good faith. Id., at 118,124, 125 S.Ct. 542 (citing 15 U.S.C. § 1115(b)). See also Waco Int’l, Inc. v. KHK Scaffolding Houston, Inc., 278 F.3d 523, 534 n. 10 (5th Cir.2002) (denying relief for trademark infringement because the jury also found the defendant established the defense of “fair use”) (citing Sugar Busters, 177 F.3d at 270-71 (<HOLDING>)); Thoroughbred Legends, LLC v. The Walt Disney

A: holding that by its terms rule 50 applies only to jury trials
B: holding that the fair use defense only applies to descriptive terms used in their descriptive nontrademark sense
C: holding that fourteenth amendment only applies to state action
D: holding that the fourteenth amendment only applies to state action
B.