How many times this week did you watch a video and question whether it was generated by AI? I seem to question pretty much everything I watch these days. It’s tiring. And concerning. As days and months go by, the AI slop seems to get a little less sloppy. Can you imagine scrolling through Instagram or X and seeing a fake video of yourself online. This is the new harsh reality that some famous celebrities are facing as AI evolves. How can we stop this from happening?
In May 2024, OpenAI created an AI tool that used a human voice to communicate with people. The problem: the voice sounded exactly like actress Scarlett Johansson. Use to which the real Johansson did not consent. Not only is this likely a violation of Johansson’s privacy interests, but it could also impact her financially. If uncontested, OpenAI’s use of her voice may close the door for Johansson to profit from a similar use of her voice in the future. If OpenAI can use her voice without legal ramifications, what’s stopping other companies from doing the same? In a nutshell, it’s just unfair and not right.
This is just one of the many examples people (particularly celebrities) are dealing with today as AI impersonations become increasingly sophisticated and therefore more convincing. Sure, right of publicity laws exist to protect misuse of a person’s name and image or likeness, but the vast majority of them were established long ago to protect against misuse by humans, not by machines. However, notable Hollywood actor Mathew McConaughey has recently taken an innovative approach to address this issue.
You Can’t Handle the Truth! (You Can Trademark Sounds!)
Read this aloud: “To infinity, and beyond!” Who just came to mind when you read that? Hopefully, Buzz Lightyear. Did you read it in the tone and manner that Buzz used in Toy Story? All it took was a few words to identify the source of a sound.
Well, that’s a trademark. A trademark is a mark, most often a word, phrase, or symbol that identifies a source of goods or services and is used in commerce. For example, when you see a solid red circle surrounded by a larger red ring on a white background, you should think of Target, which, of course, is still in business.
Notably, you don’t need to register a trademark with the U.S. government to have one. However, doing so for a small fee (a minimum of $350) through the United States Patent and Trademark Office (USPTO) can provide a trademark owner with nationwide protection against potential infringers. An unregistered trademark only protects against confusingly similar trademarks used in the same geographic area.
For example, if you use your unregistered trademark in Chicago, it is protected only against similar trademarks in and around Chicago. But, if you register with the USPTO, your trademark is protected across the entire U.S. So, if you can afford the registration fee and the subsequent, similarly priced renewal fees, it’s advantageous to register.
What many don’t know is that sounds (and scent, taste, and even touch, a.k.a “sensory trademarks”) can serve as trademarks. After all, trademark law exists to identify and distinguish the source of the good or service from others. Albeit untraditional, trademark law also permits protection for “devices.” Sensory trademarks are devices that can function just like any trademark, so long as they identify a source and are used in commerce. I used one of the most famous movie quotes of all time for the Buzz Lightyear example, which (hopefully) everyone is familiar with.
Importantly, this is not to be confused with a trademarked word. The words “To infinity and beyond!” can be trademarked, but so can the way those words are said. As you read the phrase, can’t you hear the voice and tone of Buzz Lightyear? It is how the phrase is said that makes it a sensory trademark.
To register a sound as a trademark, it really boils down to three steps:
Step One: Produce a sound that is associated with a source (for example, the lion’s roar for MGM Grand).
Step Two: Increase exposure to the sound and wait for the public to identify it with a source of goods or services. (Spoiler: this typically takes years! And you need a good or service!)
Step Three: Continue to use that sound to sell goods or services. Once these steps are followed, you have a trademark! And, as stated earlier, you can register your trademark. Sounds simple? It isn’t. To satisfy Step Two above, your sound essentially must be well-known nationwide. To phrase it differently, how many people have made a sound that a good majority of the public identifies with them?
Therefore, unlike most of us, celebrities and popular brands naturally have an advantage in this space because they can reach a nationwide audience more easily. McConaughey, and his many various phrases used in his movies or Lincoln commercials, obviously, checks this box.
Keep Your Friends Close, But Your Enemies Closer (AI)
Now, if you’ve never seen the movie Dazed and Confused, I highly recommend you do so. It’s a classic. Even if you haven’t seen it, maybe you’ve heard the phrase “alright, alright, alright.” It’s a famous line from that movie spoken by McConaughey. On December 16, 2025, the USPTO officially registered the phrase as a sensory trademark, giving McConaughey and his brand nationwide trademark protection.
McConaughey, like most people, is concerned with the rapid growth of AI. Non-famous, regular people don’t have a popular name or image which may be exploited by AI via parody or for commercial benefit. McConaughey, however, is concerned that AI will use his name, image, or likeness without his consent for just these reasons. When news of his trademark went public, he told the Wall Street Journal in an email:
“My team and I want to know that when my voice or likeness is ever used, it’s because I approved and signed off on it. We want to create a clear perimeter around ownership with consent and attribution the norm in an AI world.”
– Matthew McConaughey
Seeking trademark protection is a unique way to combat AI misuse. To date, it hasn’t been used by other celebrities. They typically rely on right of publicity laws to protect their image. But, as mentioned earlier, there are questions about their effectiveness against AI. Thus, McConaughey and his attorneys have seemingly turned to trademark law for protection.
AI misuse and deepfakes are a real problem for all, but celebrities are threatened the most. It somehow seems easy now to create fake videos or voices of McConaughey and other celebrities. Trademarking a persona is a clever way for celebrities to expand the grounds for taking AI content creators to court. However, it definitely has its limitations.
You’re Gonna Need a Bigger Boat (To Stop AI Misuse)
Trademarking particular phrases and catchlines certainly doesn’t hurt McConaughey financially. To him, the $350 application and maintenance fees are presumably pennies in a bucket. So why is he the first celebrity to do this? Probably because trademark protection for this kind of use is so narrow.
Think of it like this. For the $350 to be worth it, several things would need to happen:
First, AI McConaughey would need to sound similar enough to the real McConaughey to confuse consumers about the video’s origin. Did the real McConaughey produce this? This is the holy grail and purpose of trademark law: to prevent consumer confusion. You are confused if you hear AI McConaughey and mistakenly believe those words came from the real McConaughey.
Second, AI McConaughey needs to utter “alright, alright, alright.” After all, that is the trademarked phrase. Sounds simple enough. Right?
Finally (and this is where things become tricky), AI McConaughey’s “alright, alright, alright” needs to function as a trademark. Meaning, it needs to identify the content’s source. In other words, the AI needs to use the phrase for a commercial purpose or benefit.
I am serious. And don’t call me Shirley. McConaughey’s trademark protects very little. But don’t be shocked if you start seeing more and more celebrities follow suit. For those financially stable, it doesn’t hurt. And, if anything, a federal trademark registration is a deterrent (albeit a narrow one) to potential infringers who seek to use his phrases to profit. That ® symbol (which signifies a registered trademark) may be all it takes for a potential infringer to back down. With threats of federal lawsuits at their disposal, McConaughey’s attorneys may be able to deter those infringers with angry and scary cease-and-desist letters. For other celebrities as well, registering trademarks may offer an alternative means of protecting against commercial exploitation in addition to right of publicity laws.
Well, probably not me, given that I only have just over a year of law school left. But hopefully Loyola’s future law students will be blogging about other new and creative ways to curb AI misuse. McConaughey’s innovative approach made headlines when the USPTO granted him a federal trademark registration. Despite its narrow scope, it should at least put other celebrities and potential future infringers on notice. AI is here to stay, and I’m sure this isn’t the last unique approach to combat AI misuse that we’ll see make headlines.
Michael Bahu
Associate Blogger
Loyola University Chicago School of Law, J.D. 2027