As generative AI tools become more convincing, celebrities and other high profile individuals should consider taking steps now to protect against misuse. Some of the misuses and infringement that our team is seeing across platforms include:
- Deepfake social media ads
- False endorsement and scam ads
- Voice cloning for misuse
- Counterfeit merchandise and fan products
- Fake interviews, podcasts, and media appearances
In response, we are seeing more talent-side interest in a strategy that would have sounded novel even a year ago: using trademark law as part of an AI protection plan.
For example, Taylor Swift’s management company recently filed three new USPTO applications, including two sound marks for spoken phrases in her voice – “Hey, it’s Taylor Swift” and “Hey, it’s Taylor” – as well as a visual mark tied to a recognizable Eras Tour image. Matthew McConaughey has also secured multiple trademark registrations, including protection tied to his well-known “Alright, alright, alright” delivery.
The theory is straightforward: if a spoken phrase, visual image, or other identity element functions as a source identifier – in other words, if the public immediately associates it with a single individual – trademark law may offer a layer of protection against unauthorized AI uses.
Why Trademark Is Suddenly Part of the Conversation
Taylor Swift and Matthew McConaughey’s recent filings underscore that trademarks may offer more rights than traditional copyright and right of publicity in the context of AI.
Copyright law protects original works fixed in a tangible medium, not the general idea of a voice, vibe, or likeness. Trademark law offers nationwide rights and a framework that can be useful against synthetic content that may be used for false endorsements or affiliations.
When the two tools are used together, celebrities will have more weapons in their arsenal to remove unauthorized AI content.
What Talent Teams Should Know
The first step is to specifically identify those elements of your client’s identity that are functioning as source-identifying brand assets. For some clients, that may be a signature phrase spoken in their distinctive voice, or a visual presentation. The key question that we evaluate to determine eligibility for trademark protection is whether a specific personal attribute can legally function as a mark.
The second step is for talent teams to tighten use in commerce. If a team’s ultimate goal is to monetize and protect certain elements under trademark law, they must create and implement a strategy that consistently includes the elements in commercial activity.
Additionally, it is important to revisit talent agreements and contracts. As AI software uses grow, we recommend ensuring that agreements explicitly address if and when a client’s voice or image may be captured, licensed, digitized, or used for training.
The Minx Law View
In the AI era, waiting for misuse before organizing the legal strategy is not advisable. Talent teams should be asking now which elements of identity are protectable, which ones are already commercially functioning as brand indicators, and where federal trademark strategy can strengthen the broader enforcement picture.
While trademark law will not replace copyright, publicity rights, or contract protection, for the right client, it may become one of the more useful additions to the toolkit.
This client alert is for general informational purposes only and does not constitute legal advice.
