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.
For businesses selling products through Amazon, a patent infringement notice can quickly become a significant commercial problem. Amazon's Patent Evaluation Express (APEX) program allows U.S. utility patent owners, or their registered agents, to seek a neutral evaluation of an alleged infringement claim involving products sold on Amazon. An APEX notice can put an established product listing at risk, potentially disrupting sales, affecting marketplace visibility, and creating complications for inventory already manufactured or held in fulfillment centers. Sellers that have not considered these risks before receiving a notice may find themselves making important business and legal decisions under significant time pressure.
The New York City Department of Consumer and Worker Protection (“DCWP”) has proposed a new rule aimed at regulating use of AI chatbots in the customer service setting, or “automated customer service systems.” The proposed rule defines an “automated customer service system” broadly to mean “any technology used to provide consumers with customer service where all or substantially all the communication to the consumer is made by such technology rather than by a natural person.”
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, published an article in The Recorder entitled “When Artificial Performers Enter Advertising, Disclosure Laws Follow.” In the article, Andy examines emerging state disclosure rules for AI generated performers in advertising and explains how advertisers can prepare for distinct requirements across New York, California and Pennsylvania.