AI, Deepfakes, and the New Frontier of Trademark LawJune 15, 2026

Artificial intelligence (AI) has become increasingly prominent in modern society. Whether for work, personal, or other use, many individuals are using AI in some capacity on a daily basis. One aspect of AI that has sparked concerns is the emergence of deepfakes, which refer to AI-generated images, videos, or audio content wherein oftentimes such content is made to depict a real or fictional person or entity.

While AI and deepfakes are relatively new developments in a historical context, some notable personalities have already taken action in an effort to protect their own likeness and voice. For example, in December of 2023, actor Matthew McConaughey filed trademark applications with the United States Patent and Trademark Office (USPTO) seeking sound marks for his iconic “ALRIGHT ALRIGHT ALRIGHT” phrase. The applications were subsequently registered on the USPTO’s principal register as Reg. Nos. 7995951 and 8070191.

More recently, in April of 2026, music artist Taylor Swift filed several trademark applications including seeking sound marks (Serial Nos.: 99784979 and 99784980) as well as a design mark (Serial No.: 99784977). The descriptions of the applications for sound marks include the spoken words “HEY, IT’S TAYLOR” and “HEY, IT’S TAYLOR SWIFT”, respectively. The description of the application for a design mark includes “a photograph of Taylor Swift holding a pink guitar, with a black strap and wearing a multi-colored iridescent bodysuit with silver boots. She is standing on a pink stage in front of a multi-colored microphone with purple lights in the background.”

These trademark filings by McConaughey and Swift represent just a few examples of highly accomplished and notable individuals seeking to protect their own likeness or voice, likely in an attempt to prevent undesirable use thereof such as via deepfakes. Such filings may become the norm as well-known figures across many different industries may turn to trademark law to protect their likeness and voice as well as to combat AI-generated misapplication thereof. For example, as AI continues to develop, it may prove wise for business leaders, politicians, and other public figures to seek trademark protection regarding their likeness and/or voice depending on circumstances.

Joseph Hallman is an intellectual property attorney at McKee, Voorhees & Sease, PLC. For additional information please visit www.ipmvs.com or contact Joseph directly via email at joeseph.hallman@ipmvs.com