Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online. The Federal Trade Commission has long required advertising to be clearly and conspicuously labeled, and it recently reiterated that these requirements apply to native advertising. We explore...

As Google has moved from providing “ten blue links” to “universal search,” controversy has erupted over whether Google is favoring its own specialized search results over competing specialized results offered by other entities. Google’s competitors have complained about “search...

When a plaintiff alleges trademark infringement or claims that false advertising is likely to confuse or deceive, the pivotal legal question is: how are consumers likely to perceive the mark or advertising? In the early days of trademark litigation, a parade of consumer witnesses, carefully...