The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, will serve on a panel for an International Bar Association (IBA) webinar entitled “A Jurisdictional Analysis of Acquiring and Managing Global Client Intellectual Property Portfolios” on April 14 at 9:00 A.M. EST.
The trademark world is buzzing over the rejection by the United States Patent and Trademark Office (USPTO) of Taylor Swift’s trademark application for "The Life of a Showgirl" due to potential conflicts with pre-existing marks. In the U.S., prior use of a trademark and a prior trademark application take precedence over any new filings regardless of how well-known the applicant may be. Taylor Swift’s application covers an extensive list of goods to be sold in connection with her new album of the same name and accordingly reflects the opportunity for substantial income, making securing this mark likely important to her.
Compliance with complex and sometimes inconsistent federal and state legal requirements for automatic renewal/continuity programs continues to present challenges to marketers. On the federal side, the applicable legal standards continue to whipsaw.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Branding Department associate Morgan Spina will deliver a presentation for a myLawCLE webinar entitled “Sweepstakes, Contests, and Giveaways: Mastering the Legal and Regulatory Landscape 2026” on March 19 at 1:00 P.M. EST.
Online fashion retailer Dolls Kill, Inc. is facing a federal class-action lawsuit alleging that it sent deceptive marketing e-mails that created a false sense of urgency about limited-time sales. The complaint, pending in federal court in the Northern District of California, was brought by Washington state resident John Gay. He claims Dolls Kill violated Washington’s anti-spam and consumer protection laws by sending e-mails suggesting that discounts would expire within hours even though the offers allegedly remained available afterward.
A very recent decision from the Fifth Circuit Court of Appeals has threatened the established definition of prior express consent and could free businesses from some of the lawsuits filed against them under the Telephone Consumer Protection Act (TCPA). In Bradford v. Sovereign Pest Control of Texas, Inc., decided on February 25, 2026, the Fifth Circuit held that a consumer who provides a business with his or her cellphone number has consented to receive prerecorded calls and SMS text messages under the TCPA. The case affirmed a lower court’s ruling that a pest-control company did not violate the law by using prerecorded messages to contact a customer about renewal inspections.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Branding Department associate Morgan Spina published an article in New York Law Journal entitled “Your AI Made a Great Ad. Your Lawyer Has Questions.” In the article, Andy and Morgan discuss how advertisers can leverage AI-generated marketing content responsibly while navigating evolving state and federal regulations.
Olshan Frome Wolosky LLP is pleased to announce that three of the firm’s partners, including Chair of Olshan’s Intellectual Property Law Group and Co-Chair of the firm’s Brand Management & Protection Group Mary Grieco, have been ranked in The Legal 500’s New York City Elite series.
Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman has been named to the 2026 Lawdragon 500 Leading Global Entertainment, Sports & Media Lawyers list.