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Matthew McConaughey's Legal Strategy: How Trademark Law Protects Identity in the Age of AI

  • Writer: Vlad Herescu
    Vlad Herescu
  • 8 hours ago
  • 5 min read

As artificial intelligence grows capable of mimicking voices, faces, and even the smallest quirks with uncanny precision, the challenge of protecting personal identity has never been more complex. Enter Matthew McConaughey, the celebrated actor, who has chosen a bold and unconventional legal path to defend his persona.

By turning his signature traits into trademarked assets, McConaughey is charting new territory in intellectual property law. In this blog post, we dive into his innovative use of trademark law, examine the threats posed by generative AI, and compare his strategy to legal protections in France. We will also spotlight cutting-edge technologies that bolster these legal defenses and share actionable steps for industry professionals eager to follow in McConaughey’s footsteps.



Turning Personal Attributes into Trademark Assets

Matthew McConaughey’s legal team has filed trademark applications that go beyond traditional brand names or logos. Instead, they target distinctive personal attributes such as his catchphrases, voice style, and even his unique manner of speech. This approach is unprecedented because it treats personality traits as intellectual property that can be legally protected. (Gioia, 2026)

To initiate the trademarking process for personal attributes, there are several key steps:

  • Identify the distinctive element to be trademarked

  • Conduct a thorough search to ensure it is not already in use

  • Prepare and submit an application to the United States Patent and Trademark Office (USPTO), providing detailed descriptions and evidence of the element's distinctiveness and commercial application

  • Manage any oppositions and maintain the trademark through compliance with periodic filings and renewals

(Ornamental refusal and how to overcome this refusal, 2025)(Name or likeness of a particular living individual in a trademark, 2023)

Take, for instance, McConaughey’s move to trademark the phrase “Alright, alright, alright” — a line now inseparable from his identity. Securing this trademark gives him exclusive commercial rights, blocking others from cashing in on his signature expression. (Matthew McConaughey trademarks 'Alright, alright, alright' to prevent 'AI misuse' of his iconic catchphrase, 2026)

This strategy signals a new era in identity protection. Rather than depending only on privacy or publicity rights — which can be inconsistent or limited — trademark law provides a powerful, clear-cut way to control how personal identifiers are used in the marketplace. (Welkowitz, n.d.)



Trademark Filings Targeting Personality Elements and Their Implications

Trademarking personality traits opens up fascinating legal debates. While trademarks have long protected logos, names, and designs, extending this shield to personal quirks and characteristics blurs the boundary between private identity and commercial property. (Rothman, 2022)

McConaughey’s filings cover:

  • Signature catchphrases

  • Distinctive voice patterns

  • Unique gestures or expressions

These filings are designed to stop unauthorized use in ads, merchandise, and digital media. (Synthetic Influencers and Deepfake Branding: A Right of Publicity Crisis, 2025)

The ripple effects are far-reaching:

  • Control over AI-generated content: As AI can mimic voices and phrases, trademarks provide a legal basis to challenge unauthorized reproductions

  • Commercial exclusivity: McConaughey can license his trademarks, creating new revenue streams

  • Setting legal precedents: This approach may inspire other public figures to protect their identity similarly

Yet, this bold strategy stirs up concerns about free speech and fair use, particularly when it comes to parody or commentary. Courts will face the delicate task of weighing these competing interests.



Risks Posed by Generative AI: Identity Misappropriation and False Endorsement

Generative AI technologies can create realistic deepfakes, synthetic voices, and digital avatars that imitate real people. This capability poses two main risks under U.S. law:

  • Identity Misappropriation: Using someone’s likeness or voice without consent can violate their right of publicity, which protects against unauthorized commercial use of identity

  • False Endorsement: Trademark law prohibits misleading consumers into believing a person endorses a product or service when they do not

McConaughey’s trademark playbook tackles these risks head-on by claiming legal ownership of his most recognizable traits. If an AI-generated commercial dares to use his trademarked catchphrase or vocal style without consent, it opens the door to lawsuits for infringement or false endorsement.

The U.S. legal landscape is shifting to keep pace with these new threats. Some states now recognize digital likenesses and AI-generated content in their right-of-publicity laws. Still, enforcement is a maze, complicated by overlapping jurisdictions and fast-moving technology.

To stay ahead, individuals should team up with legal experts in intellectual property and digital media, and tap tech partners that offer AI detection or blockchain verification. By weaving together legal know-how and cutting-edge technology, both individuals and industry professionals can build a stronger shield around their identity.



Comparing the U.S. Trademark Approach with French Law

French law offers a different framework for protecting personality rights. Article 9 of the French Civil Code grants individuals the right to privacy and control over their image and name. This right is personal and non-transferable, meaning it cannot be sold or licensed like a trademark. (Celebrity Rights: A Legal Overview, n.d.)

Key differences include:

  • Scope: French law focuses on privacy and personal dignity, preventing unauthorized use of image or name primarily in private or public contexts

  • Limitations: It does not provide a commercial monopoly over catchphrases or voice patterns as trademarks do in the U.S.

  • Enforcement: Remedies often involve injunctions or damages for invasion of privacy, but do not create exclusive commercial rights

In practice, French law guards against misuse of identity but does not offer the commercial agility of trademark law. As a result, French public figures may struggle to control or profit from their unique traits the way their American peers can. (Commercial Exploitation of the Human Persona in European and French Law, n.d.)



Technological Solutions Complementing Legal Protections

Legal safeguards alone may fall short in the battle against AI-driven identity theft. Fortunately, technology brings powerful allies to the table, working hand-in-hand with the law to fortify identity protection:

  • Blockchain for Identity Verification: Blockchain can create tamper-proof records of authentic identity elements, such as voice samples or images

  • Digital Watermarking: Embedding invisible markers in digital content can trace its origin and flag unauthorized use

  • AI Detection Tools: Software that identifies deepfakes or synthetic media can alert rights holders and platforms to potential infringements

These technologies empower enforcement by delivering proof and speeding up responses to misuse.

Imagine McConaughey’s team using blockchain to certify his iconic catchphrases, making infringement cases far more clear-cut. Celebrities and brands are already embracing these tools: musician Imogen Heap uses blockchain to manage her music rights, boosting transparency and fair payment, while tennis star Roger Federer relies on AI detection to guard his image from unauthorized use in digital media. (Heap, 2015)



Final Thoughts on Protecting Identity in the Age of AI

Matthew McConaughey’s legal strategy signals a turning point in the fight to protect personal identity as AI blurs the lines between the real and the artificial. By trademarking his signature traits, he seizes greater control over both his public image and commercial destiny.

This approach underscores the urgent need for legal systems to evolve alongside technology. U.S. trademark law offers robust tools, but in places like France, privacy rights may leave commercial uses of identity unprotected.



References

Gioia, T. (January 14, 2026). The Day NY Publishing Lost Its Soul.https://www.tnnews.ai/

(2023). Name or likeness of a particular living individual in a trademark. USPTO.https://www.uspto.gov/trademarks/laws/inquiry-regarding-nameportraitsignature-particular-living-individual-mark

(2025). Ornamental refusal and how to overcome this refusal. USPTO.https://www.uspto.gov/trademarks/laws/ornamental-refusal-and-how-overcome-refusal

(January 16, 2026). Matthew McConaughey trademarks 'Alright, alright, alright' to prevent 'AI misuse' of his iconic catchphrase. AOL.https://www.aol.com/articles/matthew-mcconaughey-trademarks-alright-alright-005912970.html

Welkowitz, D. (n.d.). Trademarks, Common Law, and the Rights of Publicity.https://academic.oup.com/book/46118/chapter/404673458

Rothman, J. E. (2022). Navigating the Identity Thicket: Trademark's Lost Theory of Personality, the Right of Publicity, and Preemption.https://doi.org/10.2139/ssrn.3700190

(2025). Synthetic Influencers and Deepfake Branding: A Right of Publicity Crisis. Global Law Today.https://www.globallawtoday.com/technology/2025/07/synthetic-influencers-and-deepfake-branding-a-right-of-publicity-crisis/

(n.d.). Celebrity Rights: A Legal Overview.https://www.goforthelaw.com/articles/fromlawstu/article31.htm

Heap, I. (September 6, 2015). Imogen Heap: saviour of the music industry? The Guardian.https://www.theguardian.com/music/2015/sep/06/imogen-heap-saviour-of-music-industry

 
 
 
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