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.
Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum will present a CLE webinar hosted by Olshan entitled “U.S. Patents for Foreign Associates, Design and Utility” on November 11 from 10:00 A.M. – 11:00 AM. EST.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, will deliver a presentation for a myLawCLE webinar entitled “The Subscription Trap: ROSCA, the Revived Click-to-Cancel Rule, and Dark Patterns Enforcement in 2026” on November 16 from 1:00 P.M. – 2:10 P.M. EST.
Olshan Branding Paralegal Supervisor Elizabeth Nunn led a Roundtable entitled “Use on First: Researching Use for Conflicting Marks” at the Trademark Administrators’ Exchange Summit in New York on October 20, an annual event designed for trademark administrators and professionals.
E-commerce businesses received welcome news on September 30, 2026 when Governor Gavin Newsom signed Senate Bill 690, a pro-business measure aimed at curbing the recent epidemic of lawsuits and demand letters brought under the California Invasion of Privacy Act (CIPA). Based on CIPA’s anti-surveillance wording dating back to the 1970s, plaintiffs had been using the statute to target e-commerce websites for using common website tracking technologies.
Over the last few years, the rapid expansion in the way that artificial intelligence has been used has opened a world of creative possibilities. In the area of advertising, recent legislation is attempting to play catch-up, presenting advertisers with legal limitations on the use of the latest technologies.
Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum was quoted in Bloomberg Law’s New York Brief item, “SDNY Ruling Offers ‘Warning’ for Data Laws,” on the First Amendment considerations state lawmakers may face when regulating AI and algorithmic recommendations.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, will chair the session “Artificial Intelligence and the Public Domain: Global IP Frontiers in AI-Generated Advertising” from 9:30 A.M. – 10:45 A.M. and will also participate in the session “Legal Marketing in the Digital Age: Social Media, Self-Promotion and Professional Ethics” from 2:30 P.M. – 3:45 P.M. on October 8 at the International Bar Association’s Annual Conference 2026, which will be held at the Bella Center in Copenhagen, Denmark, from October 4 – 9.