I see what you're saying on the distinctiveness though I think you're too generous to Bayer, this feels like how "Nutrisse" hair products are clearly intended to give customers the (false and indeed illegal if claimed) impression they're good for your hair. "Nutrisse" isn't a word but we do both see what the intent is right?

The Singleton thing is also a name problem, I think the court's sympathy ran out when there's re-use of branding material and evidence of actual confusion which is ultimately what these laws are trying to prevent.