- Posts by Barry M. Greenbaum
PartnerBarry advises technology-focused clients—from early-stage startups to global enterprises—on patent prosecution, intellectual property transactions, trademarks and design, brand protection and enforcement, as well as ...
There has been an increasing number of lawsuits threatened and filed in the last year against ecommerce marketers and other online companies based on their use of analytical and other “non essential” marketing-related cookies. These actions typically allege violations of various federal and state privacy statutes—most notably the California Invasion of Privacy Act (“CIPA”), including California Penal Code §§ 631(a), 632, 632.7, and 638.51—and challenge widely used online advertising and tracking practices such as the usage of cookies, pixels or the alleged interceptions of communications. It is important to note that there have been no definitive legal rulings on these claims, and this is an ever-changing area of the law, which is being increasingly exploited by plaintiff’s attorneys.
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 will deliver a presentation for a myLawCLE webinar entitled “Who’s Liable When AI Agents Misbehave? A 2026 Guide to Deployer Responsibility and Compliance-by-Design” on June 30 from 1:00 P.M. – 3:10 P.M. EST.
Amazon’s Patent Evaluation Express (APEX) has become one of the most consequential patent enforcement venues in the country. According to a recent Bloomberg Law analysis, federal lawsuits stemming from the program grew more than 200% from 2022 to 2025. For companies selling on Amazon, and for patent owners targeting them, there are three features of the APEX process they should be aware of, features that often shape the outcome long before any evaluator issues a ruling.
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.
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.
Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum published an article in Bloomberg Law entitled “AI Is Rewriting the Rules for Creating and Protecting Trademarks.” In the article, Barry discusses how AI is reshaping trademark strategy across the lifecycle, from name and logo generation to clearance, prosecution, monitoring and enforcement, with practical implications for legal teams and brand owners.