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, authored an article for Chambers and Partners entitled “USA - Nationwide: An Advertising: Transactional & Regulatory Overview.” In the article, Andy discusses how advertising regulation and enforcement in the United States are evolving under the current federal administration and why advertisers still face significant compliance risks despite changes at the federal level.
Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman has been named a Leading Lawyer in the Chambers USA 2026 Guide for Advertising: Transactional & Regulatory for the nineteenth consecutive year. Chambers has consistently recognized Andy since 2008 for providing clients with legal advice on a wide range of advertising concerns.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Advertising, Marketing & Promotions Group partner Scott Shaffer will participate in panel discussions as part of Practising Law Institute’s (PLI) Hot Topics in Advertising Law 2026 on June 10 in New York.
In November 2025, Taylor Swift’s trademark application for "The Life of a Showgirl" received a rejection from the United States Patent and Trademark Office (USPTO) citing a prior registration for "Confessions of a Showgirl" trademark covering blogs, live performances, TV and movies in the name of a Las Vegas showgirl, Maren Wade/Flagg. Rejections of trademark applications based on citations of prior registrations are not uncommon in trademark applications and many may be overcome with the proper arguments. This matter is currently pending.
Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum published an article in World Trademark Review (subscription required) entitled “Building the AI Brand Audit Trail: What to Document, What to Keep, and Why It Matters.” In the article, Barry explains why trademark teams using AI need a documented audit trail that shows human judgment throughout naming, clearance and design decisions and what documents to preserve.
Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum published an article in Managing IP (subscription required) entitled “AI’s Growing Role in Trademark Naming and Clearance.” In the article, Barry discusses how generative AI is reshaping trademark practice across naming, clearance workflows, design mark analysis and USPTO examination, and what in-house teams must do to manage associated risks.
The U.S. Department of Justice and the Illinois Attorney General recently filed a sweeping federal lawsuit against B.E.S.T. GDR, LLC d/b/a Premium Home Service and its CEO, alleging a nationwide false advertising and deceptive lead generation operation targeting consumers seeking home repair services. The case underscores increasing regulatory scrutiny of lead generation practices, online business listings and consumer reviews, particularly in the home improvement sector.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and Intellectual Property and Brand Management & Protection partner Barry Greenbaum delivered a presentation for an International Intellectual Property Society (IIPS) CLE webinar entitled “Your AI Made a Great Ad. Your Lawyer has Questions!” on May 20 from 10:00 A.M. - 11:00 A.M. EST.