Can you trademark identity? The new legal strategy celebrities are using against AI

Celebrities like Taylor Swift, Matthew McConaughey, and Jeremy Clarkson are using trademark law to protect specific elements of their brand identities, such as unique phrases, images, and voices.
This legal tactic aims to address gaps in copyright law, particularly as generative AI and deepfakes become more prevalent, posing risks of impersonation and reputational damage.
Key marks registered include Swift’s “Hey, it’s Taylor,” McConaughey’s catchphrase “All right, all right, all right,” and an image from the Eras Tour, as well as visual and audio elements of Clarkson’s branding.
Trademarks, unlike copyrights, cover more than just creative works and can include sensory marks like sounds and images, offering a federal level of protection as opposed to the state-based publicity rights.
Trademark infringement is judged on the “likelihood of confusion” rather than substantial similarity, meaning a deepfake resembling a registered trademark could potentially infringe if it may mislead consumers into thinking it’s endorsed by the celebrity.

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