Under U.S. trademark law, registration gives the owner nationwide priority in the specified categories, allowing civil action against infringers and eligibility for statutory damages. By enumerating virtual goods and AI-generated content, the actor’s team is seeking to pre-empt scenarios in which synthetic voices, deepfake videos or animated avatars are marketed without authorization.
Industry Context and AI-Related Pressures
Entertainment unions, including SAG-AFTRA and the Writers Guild of America, made protection of performer likenesses a central issue during recent contract negotiations. Both agreements establish consent and compensation requirements when studios use AI to recreate a performer’s image or voice. While the new contracts apply to signatory producers, trademarks create an additional layer of defense that extends beyond union-regulated productions to advertising, social media and user-generated content.
Other high-profile figures have turned to intellectual property law to address AI threats. Earlier this year, Tom Hanks warned followers that an AI-generated dental plan advertisement had used his image without permission. In 2023, Drake and The Weeknd saw an unauthorized AI track containing synthetic vocals removed from major streaming services after copyright complaints. Those incidents underscored the difficulty of policing deepfakes once they circulate online.
Legal experts note that although copyright protects original creative works, it does not automatically cover personal likeness. A trademark, by contrast, can be applied to names, phrases and even distinctive voices when those elements function as commercial identifiers. “Registering a mark allows celebrities to pursue infringers under trademark dilution or false endorsement theories, which often carry stronger remedies than right-of-publicity claims alone,” said Susan Scafidi, director of the Fashion Law Institute at Fordham University, in previous commentary on similar filings.
Technological Developments Driving Action
Advancements in text-to-video, voice cloning and image synthesis tools have lowered the barrier for creating realistic replicas. Many of these systems require only brief audio samples or a handful of photographs to generate convincing outputs. As a result, brand deals, political campaigns or fraudulent schemes can deploy look-alike or sound-alike content without direct involvement from the featured personality.
A 2023 report by the National Institute of Standards and Technology warned that deepfakes pose growing risks to privacy, reputation and economic interests. The study recommended establishing clearer legal mechanisms to curb unauthorized AI-generated likenesses, citing the limited reach of existing intellectual property laws.
In the absence of comprehensive federal legislation, individual performers are turning to trademark registrations as a proactive measure. By securing control over personal identifiers, they can file take-down notices with online platforms or seek injunctions in federal court when infringing content appears.
Details of McConaughey’s Applications
McConaughey’s filings list an address in Austin, Texas, consistent with the actor’s public residency. The applications were submitted under a standard basis that requires proof of use in commerce before a registration certificate is issued. Applicants typically satisfy that requirement by providing a specimen, such as a product label or website screenshot, showing the mark in association with the specified goods or services.
For virtual goods, a specimen could include a digital storefront or a demonstration of an avatar bearing the protected likeness. If approved, the marks would remain valid for renewable 10-year periods, provided ongoing use and renewal fees are maintained. The USPTO will examine each application for conflicts with existing marks and may issue inquiries or refusals before publication. Third parties then have a 30-day window to oppose registration.
Broader Economic Implications
The entertainment sector is simultaneously exploring legitimate uses of AI, from de-ageing actors on screen to creating voice doubles for translation. While many performers see revenue opportunities in licensing their digital doubles, recent controversies highlight the need for clear contractual terms. By formalizing a trademark portfolio, McConaughey positions himself to negotiate those deals on favorable terms or to decline participation altogether.
Marketing agencies and game developers increasingly seek celebrity endorsements that extend into virtual spaces. McConaughey’s marks cover “downloadable multimedia files containing artwork, text, audio, and video” as well as “virtual clothing for use in online environments,” signaling potential interest in future branded collaborations. The filings do not commit the actor to pursue any particular project, but they reserve the option while blocking unlicensed ventures.
Next Steps in the Registration Process
The USPTO typically issues a formal receipt within days of an electronic submission, followed by assignment to an examining attorney in about three months. If no substantial objections arise, the mark proceeds to publication in the Official Gazette. Absent opposition, the agency will grant a registration certificate. The entire timeline often spans eight to twelve months, though complex applications involving celebrity names can take longer.
McConaughey’s representatives have not released public comment on the filings, and the actor has not indicated whether he plans to expand existing business ventures to include AI-based products. Previous entrepreneurial efforts include a production company, a bourbon brand and various philanthropic initiatives.
Ongoing Legislative Considerations
At the federal level, lawmakers have introduced several bills aiming to regulate deepfake technology, including proposals to criminalize the malicious creation of synthetic media that impersonates individuals. None have advanced to a full congressional vote. State legislatures in California, Texas and New York have adopted narrower statutes covering political deepfakes or post-mortem right-of-publicity claims.
Until broader regulation emerges, trademark registration remains a primary strategy for public figures seeking to restrict AI-driven exploitation. McConaughey’s filings add to a growing roster of performers using intellectual property tools to navigate an evolving technological landscape.
Crédito da imagem: ABC News
