Not long ago, a fan might spot an impersonator on a street corner. Today, a fan may watch an online video of their favorite artist, hear a perfect match of their voice, and observe familiar gestures and expressions, all while not aware they’re watching a machine-generated forgery.
Modern technology has advanced to the point where it can produce shockingly realistic audio and video replicas of real people. It can clone a voice from a short audio sample, reconstruct a performer’s face from publicly available images, and synthesize entire performances that never happened. For artists – singers, actors, athletes, and content creators – the pressing question is no longer whether their identity can be replicated, but what legal tools exist to stop it.
The Limits of Traditional IP Protection
Copyright and right-of-publicity laws have long served as legal shields for performers. Copyright protects original creative works, while right-of-publicity statutes, which vary by state, prevent the unauthorized commercial use of a person’s name, image, or likeness.
However, copyright does not protect a voice itself, only the things expressed by the voice, for example, a melody or a specific uttered expression. If modern technology generates a new recording that sounds like an artist without copying an original protected expressive work, copyright infringement may not apply. Right-of-publicity laws are state-based and inconsistent, creating a patchwork of protections that can be hard to enforce. The ability of modern technology, including generative AI, to replicate and create uncanny likenesses at a speed and scale has stretched IP laws to their limits. Into this gap, a new strategy is emerging: pursuing trademark registrations to vocal signatures and images.
Trademarks as Supplemental Protection
Under the Lanham Act, a trademark is “any word, name, symbol, or device” used to identify the source of goods or services. Trademarks have long been granted not only for words and logos but also for sounds, called “sensory trademarks.” The NBC chimes, the MGM lion’s roar, and the THX sound are classic examples. What is new is the proposition that the distinctive vocal, visual, and physical characteristics of individual performers can qualify for trademark protection, serving as powerful supplements to copyright and right-of-publicity claims.
If a sound or image is so distinctly associated with a single source that consumers reliably identify that source upon encountering it in connection with goods or services, then it functions as a trademark. Federal trademark registration carries significant advantages over state right-of-publicity claims, most notably the ability to bring infringement lawsuits in federal court – creating a nationwide deterrent rather than state-by-state enforcement battles. Moreover, trademark holders can issue takedown demands against platforms.
From Cartoons…
Disney’s management of Mickey Mouse is a template for layered IP protection blending copyright, trademark, and licensing. As early Disney-era copyrights have entered the public domain, trademark protections on specific Mickey imagery have remained, illustrating how trademark can outlast and complement copyright to provide continuous brand control. Disney has leaned heavily into this approach, with its trademark portfolio allowing it to prevent commercial uses of the character.
To Athletes…
The fastest man in history, Usain Bolt, extended his brand by seeking legal protection for his signature “Lightning Bolt” celebration pose. Bolt has held trademark registrations for the pose in Jamaica, Brazil, China, Canada, Australia, and the European Union since 2009, and in 2022 filed a US trademark application seeking protection across a wide range of goods. His move follows successful figurative trademark precedents like Michael Jordan’s iconic “Jumpman” basketball silhouette.
To Artists…
Rapper Pitbull blazed a trail in sound trademark law when the USPTO, in October 2019, granted him two trademark registrations for his signature grito – his distinctive falsetto yell, “EEEEEEEYOOOOOO!” The registrations are believed to be the first instance of a sound trademark within a song being registered on the principal trademark register for musical sound recordings.
In 2023, Matthew McConaughey filed to register eight trademarks, all of which were granted. They include a sound mark for audio of him saying “Alright, alright, alright!” and “Just keep livin’, right?” as well as short video clips of his likeness. His stated goal: ensure that his voice or image is used only with his consent. “In a world where we’re watching everybody scramble to figure out what to do about AI misuse, we have a tool now to stop someone in their tracks or take them to federal court,” said attorney Jonathan Pollack of Yorn Levine.
In April 2026, Taylor Swift’s company filed three trademark applications with the USPTO, two are sound trademarks covering her voice (for “Hey, it’s Taylor Swift” and “Hey, it’s Taylor”) and one visual trademark covering a specific photograph of her performing — in direct response to the proliferation of AI-generated deepfakes targeting her likeness.
USPTO Signals Favorability Toward Personal Brand Trademarks
The USPTO’s institutional posture has grown increasingly favorable toward personal brand trademarks. In April 2026, the agency took the unprecedented step of establishing an educational presence at the NFL Draft — the first time it has done so at a major sports setting. Director John A. Squires led a World IP Day panel on trademark protection in the NIL and AI era, warning that “when your profile rises, the risk of misuse rises with it.” The agency’s message was clear: federal trademark registration is a legitimate tool to protect identities from AI exploitation.
The Path Forward
Trademark protection is not a silver bullet – marks must be connected to goods or services in commerce, and how far a sound mark can reach against AI voice mimicry remains legally untested. But in an era when technology can steal a voice, clone a face, or fabricate a performance with alarming ease, protecting one’s likeness as a trademark may be the most practical tool currently available to artists seeking to own their lane before AI trespasses any further.
If you have questions about pursuing trademark protections of your brand, please contact a member of the McLane Middleton Intellectual Property team.