Who’s afraid of little old trade mark law?

In an ever-increasing trend of public figures applying for trade mark registrations, the latest to apply for one is Taylor Swift. The artist has applied for two sound marks, namely; “Hey It’s Taylor” and “Hey it’s Taylor Swift” along with a trade mark depicting the artist with a pink guitar. These applications seem to be carried out in a bid to protect her likeness against unauthorised uses of AI.

Matthew McConaughey has also gone through the same process and applied for a sound mark with his famous “all right, all right, all right” phrase. Similar to Taylor Swift’s registrations, Matthew McConaughey has also stated that registration was primarily about making sure that his voice, image, and likeness are owned and can be used as he intends. He has recently collaborated with ElevenLabs, an AI business, that allows for voice clones to be used in various audio experiences.

Can you trade mark against the machine?

These relatively new strategies all seem to stem from the fact that artists feel as though the rise of AI has negatively impacted them, both financially and reputationally. These marks highlight the fact that artists have started to develop novel solutions for novel problems. However, trade marks are designed to protect a trade origin within a commercial context, and therefore, the usage of trade marks as an AI-generation prevention tool, is certainly an unprecedented approach. These developments reflect a growing trend where celebrities are positioning themselves as commercial rights-holders in response to these risks.

This is surely not the first time IP rights have come up against AI-generated content. Disney effectively used intellectual property rights to protect their portfolio and subsequently monetise accordingly. In late 2025, Disney announced a collaboration with OpenAI and their app Sora (now no longer in service) where any person can prompt Sora to generate images including Disney’s IP. Within the same week, Disney also sent a cease-and-desist letter to Google stating that Google’s Gemini has been unlawfully generating images using Disney’s IP. Google later developed the necessary guardrails to comply. The question then is, if IP law effectively protects our favourite childhood characters, why can’t it protect our favourite celebrities and entertainers as well?

What’s the current legal position?

Whilst celebrities have had to rely on passing-off to protect their likeness, the burden of proof is high and a successful case is certainly an uphill struggle. Celebrities would need to prove that they have sufficient goodwill with their likeness, have been misrepresented and have suffered damages. To add insult to injury, the courts have also stated that celebrities do not have monopoly rights over their own image and that any misrepresentation needs to be material.

Seemingly trying to create a more efficient system, platforms have intervened and have developed their own way of protection. YouTube’s likeness system is one of these systems.

This system, similar to YouTube’s ContentID, flags and identifies where a face has been altered or generated by AI. It requires a one-time facial scan and identifies whether your face has been used and altered in other creator’s videos. YouTube has recently expanded its likeness detection system to include people within the entertainment industry ensuring that celebrities and entertainers protect their likeness.

Whilst this is simply one site deploying such protections, it does serve as evidence that a requirement for such policing and enforcement needs to be put in place. In the absence of legislative protections, platforms step-in.

What’s next?

The House of Lords Communications and Digital Committee has already identified the fact that there are certain legislative gaps within IP law, particularly with personality rights and the protection of unauthorised uses of digital likeness. The Committee has suggested that new protections are introduced, more akin to image rights and personality rights. However, in the meantime it seems that celebrities are taking matters into their own hands.

Whether or not Taylor Swift’s trade marks will be used in order to combat AI and deepfakes, is an unknown at this point in time. With these legal issues are bound to be tested, modern technology once again continues to outpace the current legal landscape. It is relatively unknown how courts will grapple with these issues, and ultimately case law will be developed.

Trade marks may very well act as a deterrent against AI-generated likeness, but they are by no means a complete solution. The current legislative situation requires clarification, through legislation, to create an effective method of protection. For now, there seemingly is a growing trend towards a ‘protect first, test later’ approach with celebrities.

If you would like more information, or want any other form of IP advice, contact our legal team at info@briffa.com or through our website contact form. Our IP experts are here to help!