If The New York Times is unhappy with this use of their branding, it seems to me that they could easily claim trademark infringement.
They could argue that Google is using The New York Times's branding and domain name to make it look like this content is controlled and provided by The New York Times, when in fact it isn't, and that an average person (“idiot in a hurry”) could be deceived.
If The New York Times willingly gives Google permission (or The New York Times willingly abets Google's monopoly position), then I guess Google can do whatever they like.
They could argue that Google is using The New York Times's branding and domain name to make it look like this content is controlled and provided by The New York Times, when in fact it isn't, and that an average person (“idiot in a hurry”) could be deceived.
If The New York Times willingly gives Google permission (or The New York Times willingly abets Google's monopoly position), then I guess Google can do whatever they like.