Trademark Protection for Celebrity and Entertainer’s “Name, Image, & Likeness” (NIL)
By Justin M. Jacobson, Esq.
With the recent advent and expanded adoption of artificial intelligence (“AI”) and Generative AI (“GenAI”) software to generate new creative works based on existing ones, the proper protection of a celebrity, entertainer, or athlete’s “name, image, and likeness” (“NIL”) has become increasingly precarious. Currently, any individual can create fabricated and nearly realistic works (commonly referred to as “deepfakes”) that feature another person’s identifiable characteristics. For instance, GenAI programs can create digital content pieces or “outputs,” such as advertisements, videos, photographs, or “direct messages” using a celebrity’s voice, image, or any other protectible characteristics of an entertainer, without ever securing proper authorization and without providing just compensation to the featured person. In many instances, these fraudulent advertisements, videos, songs, and even fabricated sexually explicit material featuring a talent’s NIL created by GenAI programs are shared and promoted on social media platforms, which further exacerbates the issue. Consequently, the unauthorized usage of a celebrity or entertainer’s NIL by another individual or company, especially in a commercial setting, may potentially expose the user to liability, although any potential damage recovery and available remedies vary by jurisdiction.
Trademark protection by celebrities, entertainers and athletes to fight “deepfakes” and Generative AI works
Since these AI creations are unauthorized usages of a person’s NIL and they are not infringing “copies” of an existing protected work, the legal guards established under U.S. copyright law to police and prosecute copyright infringement are generally inapplicable when pursuing “deepfakes” and other violations of an individual’s NIL. Since copyright law only protects original, creative pieces of authorship, such as literary works, songs, and computer software, traditional copyright infringement “takedown” notices available under the Digital Millennium Copyright Act (DMCA) are inapplicable to “deepfakes.” Specifically, the GenAI creation is not an unauthorized copy of an original copyrighted work. Rather, the AI-generated “output” is an entirely new work (which is ineligible for copyright protection as it was created by AI software) that wrongfully misappropriates the featured talent’s NIL in violation of their publicity rights. Thus, copyright law and the DMCA are generally unable to protect an individual from “deepfakes” or other violations of their right of publicity. This fact is true because the rightsholder is prevented from legally using the “takedown” procedures offered by most social media platforms for copyright infringement, as well as those created under federal copyright law, because the GenAI creation is not a copy of an existing work violating the original owner’s rights in it.
DMCA “takedown” notices are generally inapplicable for “deepfakes” and GenAI unauthorized works.
Similarly, the absence of a federal “right of publicity” or other national “name, image, and likeness” standard impacts both the potential enforceability of claims and the remedies available for a party whose NIL are violated through unauthorized GenAI works. A celebrity’s commercial reputation, for example, may be harmed if it is falsely associated with a brand that puts the celebrity in an unfavorable light. Such unauthorized endorsements may also potentially breach existing agreements if the false advertisements contain a celebrity endorsing a rival product to a current sponsor in violation of the provisions traditionally found in most talent sponsorship agreements. Although there exists no federal “right of publicity” law, many states have statutes and some have established “common law” concepts which provide guidance regarding legally protecting and policing an individual’s right of publicity. However, these statutes are inconsistent as they vary significantly across jurisdictions. Furthermore, unlike the DMCA, the “right of publicity” statutes do not provide a “takedown” or other similar mechanism to expeditiously address and police “deepfakes” and other unauthorized usage of a talent’s NIL. Due to the absence of a streamlined “takedown” mechanism, victims of “deepfakes” are often forced to resort to time-consuming and potentially costly legal remedies to address the “deepfakes,” including preparing and issuing “cease and desist” letters to the appropriate parties (which may be hard to identify in some instances). These potentially costly efforts often compound the issue, as during this delay, the unauthorized “deepfakes” may continue to circulate, and subsequently, the entertainer’s reputation continues to be harmed through wrongful misuse of their NIL.
Entertainers, Influencers, and Celebrities are using Trademark law in the U.S. and internationally to combat GenAI.
Recently, to combat the new wave of deepfakes and other precarities stemming from the expanded usage of artificial intelligence and GenAI, some celebrities in the U.S. and abroad have adopted an innovative legal strategy of applying for trademark protection in unique aspects of the celebrity’s own likeness. For instance, in 2025, actor Matthew McConaughey filed and received trademark protection for several marks with the United States Patent and Trademark Office (USPTO). Most notable of these trademarks was a seven-second clip of him saying his iconic line, “Alright, alright, alright!” from the 1993 comedy Dazed and Confused. Similarly, singer Taylor Swift has made similar efforts to protect her image and likeness from artificially generated “deepfakes” and other unauthorized AI works. In fact, in 2026, Swift filed for three trademarks, including an application for protection for two sound trademarks of her saying, “Hey, it’s Taylor Swift,” and “Hey, it’s Taylor.” In addition, the artist filed for a visual trademark to protect her likeness that featured “a photograph of [her] holding a pink guitar, with a black strap and wearing a multi-colored iridescent bodysuit with silver boots…standing on a pink stage in front of a multi-colored microphone with purple lights in the background.” Additionally, pop group, The Backstreet Boys joined both Matthew McConaughey and Taylor Swift by applying for trademark protection featuring the voice clips, “Hey, we’re the Backstreet Boys,” and “Hi, we’re the Backstreet Boys.” Similarly, comedian and late-night host, Jimmy Kimmel filed three trademark applications in April related to his likeness including one for the phrase: “Hi I’m Jimmy I’m the Host of the show… thank you.. thank you.. thank you.. thanks for coming.. thanks for watching at home.. thank you for joining us here” with the “first several words spoken …at a higher pitch than the remaining words that gradually move to a lower pitch.” This legal trend has even expanded outside of the United States with celebrities and entertainers in other countries adopting similar strategies. For example, the British television host known for “Top Gear” and “Who Wants to be a Millionaire?” Jeremy Clarkson registered trademarks through the UK’s Intellectual Property Office for “images of his face” as well as for “the words ‘Jeremy Clarkson.’”
Entertainers and Talent Using Trademark Law to Protect and Enforce Name, Image, and Likeness (NIL) Rights.
The trademarking of one’s likeness through submitting voice clips and images represents a profound departure from traditional trademark filings, as well as an evolution in intellectual property strategy, within the entertainment, music, and sports space. Generally, a celebrity, entertainer, or athlete may apply for trademark protection in their name, their logo, catch-phrase, or nickname; however, this new trend expands to filings for other identified aspects of a talent’s image. As evidenced by the numerous notable celebrities engaging in this new creative legal strategy in the U.S. and globally, this novel trend represents another circumstance in which high-profile celebrities, athletes, and entertainers within the global entertainment and sports industry have shifted their legal strategy to combat the realities of AI technology and GenAI works. Beyond simply copyrighting their creative works or policing their right of publicity, celebrities are now exploring trademark protection for vocal phrases, images, and voice clips to create new avenues for protecting their rights against artificially generated misuses of their “name, image, and likeness” through “deepfakes” and other unauthorized content and “impersonations” created by GenAI.
Ultimately, the approach of applying for federal trademark protection for specific characteristics of one’s likeness does not guarantee protection against AI and “deepfakes.” However, if celebrities, entertainers, and athletes attempt to utilize the additional legal protections available under trademark law, they may be able to issue “takedowns” or other trademark infringement notices existing under some prominent social media platforms against GenAI content that violates the talent’s NIL, whereas if no valid trademark rights existed, there would be no immediate “takedown” mechanism available (as copyright law would be inapplicable) for removing a GenAI work. It is interesting to note that entertainers and celebrities are no longer waiting for new legislation or court decisions to determine the potential avenues and causes of action available. Instead, these individuals and their representatives are taking it upon themselves to preempt this rapidly developing and changing technology by exploring new avenues of intellectual property protection to hopefully ascertain new cost-efficient and rapid response techniques to quickly remove any fake or impersonating content damaging an entertainer’s name or brand. While it is uncertain whether this practice will become the norm amongst entertainers, celebrities, and athletes in the U.S. and internationally, this innovative approach represents an international commitment to fight artificially generated “deepfakes” while concurrently adapting to the currently existing statutory structures and their inherent limitations. This strategy allows entertainers, celebrities, and athletes to attempt to legally protect themselves as much as possible given the lack of legal precedent and statutory remedies available to combat “deepfakes” and other AI-fabricated works. It will be interesting to see if other media and influencer areas in other countries adopt this legal philosophy to continue to police and prosecute impersonators.
This article is not intended as legal advice, as an attorney specializing in the field should be consulted.
Thanks to Dylan Pozzuoli-Doyle for his assistance in reviewing and researching this article.
© 2026 Justin Jacobson Law, P.C.
