Can you trademark identity? The new legal strategy celebrities are using against AI

In recent months, celebrities such as Taylor Swift, Matthew McConaughey and Jeremy Clarkson have turned to trademark law to protect aspects of their identity associated with their brands.

It’s a relatively new legal tactic and not yet tested in court. But celebrities are using it in an attempt to fill a gap copyright law wasn’t designed to fill.

In late April 2026, Swift registered two sensory trademarks of her saying “Hey, it’s Taylor”, “Hey it’s Taylor Swift”, as well as a specific image from the Eras Tour.

McConaughey has been granted registration for eight trademarks depicting his face, voice and known catchphrases. These included a three-second motion mark of him sitting in front of a Christmas tree and a sound mark of his famous “All right, all right, all right” from the movie Dazed and Confused.

British TV presenter Clarkson trademarked an image of his face. This was in response to a series of fake AI social media posts in 2024 which depicted him endorsing cryptocurrency.

So why are celebrities suddenly registering trademarks in a bid to protect their identity? The answer, unsurprisingly, lies with generative artificial intelligence (AI).