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, 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 Frome Wolosky LLP has been recognized in the 2026 edition of The Legal 500 US as a Leading Law Firm in Advertising and Marketing: Transactional and Regulatory, with three attorneys individually ranked, including Andrew Lustigman being recognized as a Leading Partner. The firm’s recognition in this highly competitive category reflects its steady focus on advising clients in advertising law and regulatory compliance.
On June 4, 2026, the New York legislature passed the One Fair Price Act. If signed into law by Governor Kathy Hochul, the One Fair Price Act would ban surveillance pricing in New York and prohibit the use of consumers’ personal data to set individualized, algorithmically determined prices. This would ensure all individuals are charged the same price for the same product. It would also require disclosure of any use of automated pricing systems. The One Fair Price Act does not affect discounts and loyalty programs and explicitly allows discounts, including loyalty programs, coupons, subscription pricing, and standard promotions, including for veterans and seniors. The One Fair Price Act also authorizes the Office of the Attorney General to bring civil cases for penalties and restitution against companies or retailers that use surveillance pricing.
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.