Matthew McConaughey’s trade mark gambit and what it means for celebrity IP

American actor Matthew McConaughey made headlines earlier this year having sought trade mark protection in the US over elements of his persona, including his image, voice and his well-known catchphrase “alright, alright, alright”. The reported purpose was to deter and, where necessary, to act against unauthorised uses by AI platforms and others deploying synthetic media which imitates or reproduces his likeness or vocal identity.

Why is this significant for IP law?

McConaughey was the first US actor to expressly turn to trade mark law to protect their likeness and voice from AI misuse, with others, including Taylor Swift, since following this trend. In doing so, McConaughey is testing the boundaries of how trademarks, traditionally used to identify the origin of goods and services, can be applied to safeguard distinctive personal indicia.

The significance lies in three aspects:

1. It reframes a celebrity’s voice and image as brand signifiers capable of denoting commercial origin
2. It provides a clearer enforcement hook against platforms, developers and promoters who use confusingly similar indicia in trade
3. It signals to rights holders that existing IP tools, if thoughtfully curated and registered, can complement privacy, passing off, data protection and contractual controls in addressing AI threats.

Commercial and reputational impacts of AI misuse

AI-driven misappropriation can cause immediate and compounding harm. Commercially, synthetic endorsements can:

• dilute licensing value
• divert sponsorship revenue; and
• undermine carefully negotiated brand alignment.

Reputationally, fabricated statements or explicit deepfakes can corrode public trust, trigger advertiser hesitation and require costly remedial communications.

The speed and scale of AI distribution also intensifies crisis management burdens, as false content can outrun corrections and persist in algorithmic feeds and archives. For high-profile talent, the cumulative effect is a material impairment of goodwill, leverage and long-term brand equity.

Legal implications and potential strategies

Trade marks can function as forward-facing deterrents and enforcement instruments where a name, voice, image, or catchphrase is used in a manner likely to cause confusion, suggest endorsement or a free-ride on reputation. However, trade marks should be viewed as one component within a wider toolkit.

High profile individuals and rights holders should consider coordinated strategies, including the following:

• Targeted trade mark filings for names, signatures, distinctive phrases and stylised depictions across relevant classes tied to endorsements, entertainment services, podcasts, advertising and merchandising (English professional darts player, Luke Littler, previously sought to register his likeness as a trade mark)
• Robust brand-use guidelines and licensing frameworks which make authorised use easily verifiable and identify unauthorised use as clear infringement.
• Contractual protection with studios, streamers, advertisers and technology vendors expressly prohibiting training, cloning or deployment of voice and likeness without specific, time-limited consent and equitable remuneration, with audit and takedown rights.
• Common law of passing off (in the UK) to address misrepresentation which causes damage to goodwill, particularly where elements of the celebrity’s persona are used to suggest false endorsement (utilised in well-known cases: Irvine v Talksport Ltd and Robyn Rihanna Fenty v Arcadia Group Brands Ltd).
• Privacy and data protection avenues where personal data (such as biometric data or voice recordings) are processed without a lawful basis, alongside image rights where recognised.
• Platform-facing strategies, including proactive notice-and-takedown, trusted flagger arrangements (content moderation systems), keyword monitoring and model opt-out or “do not train” assertions where available.
• Evidential readiness, including voice and image reference baselines, watermarking of official content, and preservation of infringing instances to prove confusion, misrepresentation and damage.

The future of AI and IP rights in entertainment

McConaughey’s trade mark initiative acted as a catalyst for the broader recalibration of celebrity IP strategies. The industry anticipates increased filings covering vocal signatures, taglines and stylised portraits, greater contractual specificity around digital replication, and more structured collaboration with platforms on takedown pathways all around the world.

Legislatures and regulators may further clarify the status of AI replicas, biometric identifiers and synthetic endorsements, while Courts test how existing doctrines apply to generative technologies.

It is expected the entertainment industry will move towards a consent-and-compensation model for AI uses of persona, backed by layered IP rights and practical enforcement mechanisms. Celebrities who proactively map their brand assets, document authorised use, and align trade mark, contractual and compliance strategies will be best placed to preserve both commercial value and creative autonomy as AI capabilities continue to advance.

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. Please get in touch to learn more.