Luke Littler’s “Face Trade Mark” – IP Strategy in the Era of Deepfakes

Luke Littler’s reported application to trade mark his likeness highlights a growing trend in talent seeking to protect their identity against the increasing risks posed by AI- generated content and deepfakes.

Despite headlines suggesting he is “copyrighting his face,” the legal position is that Littler is seeking to register his likeness as a trade mark rather than asserting any standalone proprietary right in his appearance.

As technology makes it easier to imitate and exploit someone’s image without permission, public figures are turning to existing legal frameworks to assert control over how their identity is used.

The legal gap

Unlike some jurisdictions, the UK does not recognise a freestanding “image” or “personality” right. Protection instead comes from a patchwork of regimes:

• Trade marks – protect signs used to indicate commercial origin,
• Passing off – prevents misrepresentation causing damage to goodwill,
• Copyright – protects specific images or recordings, not the underlying likeness.
• Privacy / data protection – limited and context-specific.

This framework was not designed for a world in which AI can generate convincing but entirely fake representations of individuals.

As a result of deepfake technology and advances in AI, individuals can find their likeness used in commercial or reputationally damaging contexts without a clear cause of action.

What a “Face Trade Mark” can (and cannot) do

A registered likeness trade mark can be a valuable commercial tool for individuals seeking to control how their image is used:

Strengths:

• Actionable against unauthorised commercial use on goods and services.
• Strong deterrent against counterfeit or AI-generated merchandise.
• Supports endorsement, licensing and brand monetisation.

Limitations

• Applies only to use “in the course of trade”, so does not cover private or non-commercial use,
• Protection is limited to the registered representation and classes,
• Difficult to enforce against stylised or non-identical AI outputs.
• Does not directly address non-commercial deepfakes or viral content.

It is therefore a targeted, rather than comprehensive, solution.

Key takeaways for talent and brands

Littler’s approach reflects a broader shift in rights strategy, seeking to provide comprehensive protection by

• Layering protections: combine trade marks with passing off, contractual controls and platform enforcement.
• Registering early: names, logos, signatures and stylised likenesses across relevant classes.
• Addressing AI expressly: include provisions covering synthetic media, likeness use and training data in contracts.

Littler’s application is a pragmatic response to a fast-moving risk landscape, particularly for individuals whose commercial value is closely tied to their identity.

However, it also highlights a structural issue:

UK IP law is not yet fully equipped to deal with deepfakes Until legislative reform catches up, rights holders will need to rely on creative use of existing IP rights, supported by robust contractual and commercial strategies.

How Hamlins can help

Hamlins’ Commercial and Tech team supports public figures across multiple industries, including media and sports, to deliver intellectual property, trade mark, commercial and data protection expertise.

If you are seeking advice as to how to register various aspects of your identity as a trade mark, such as your face, name, signature, business name, logo, image, or even a celebration, we can help.

Securing legal rights early helps protect identity, safeguard reputation, prevent misuse, and unlock commercial potential. Get in touch to find out more.