The past year has seen an eclectic mix of celebrities, including Taylor Swift, Cole Palmer, Jeremy Clarkson, Luke Littler and Matthew McConaughey take steps to protect their intellectual property (IP). But what do they all have in common? Each has turned to trade mark law to control how their image is used.
In an era where a celebrity's face can be digitally replicated in seconds and deployed without consent across social media, advertising and merchandise, the question of how public figures can protect the commercial value of their identity has never been more pressing. Trade mark registration is increasingly being viewed as a proactive tool in this fight, offering a formal legal basis to challenge unauthorised use and assert control over one's own image. The potential value of this strategy is, however, largely untested in practice, and the boundaries of what trade mark law can achieve in this space remain uncertain.
But why now?
This is not an entirely new phenomenon. Celebrities have long sought to control the commercial exploitation of their likeness. Formula One driver Damon Hill is often cited as a pioneer in this regard, having successfully registered as a trade mark the iconic image of his eyes peering out from his helmet in the UK as early as 1997. However, the landscape is changing rapidly and artificial intelligence (AI) can now generate highly realistic images, videos and voice clones which are often designed to mimic celebrities and their likeness, known as "deepfakes". Fake endorsements, scam advertisements and misleading promotional content are circulating widely, often without the subject's consent (or even knowledge).
Against this backdrop, the UK government has undertaken a wide ranging consultation on the IP framework in the age of AI. Its report, Copyright and Artificial Intelligence was published in March 2026 and acknowledged the limitations of the existing legal protections but with no clear reform proposed. While legislative reform and policy intervention may be on the horizon, celebrities are not waiting around to protect the value of their image.
Gaps in the legal framework
Unlike some jurisdictions, the UK does not recognise a standalone "image right". Protection is instead pieced together from a patchwork of rights including trade marks, passing off, data protection and platform policies. However, under the UK Trade Marks Act 1994 (Act), it is theoretically possible to register a trade mark consisting of a person's face, provided it is "clear and precise" and capable of distinguishing one undertaking from another (Section 1 of the Act).
An emerging trend
A growing number of well-known individuals have been exploring this route in recent years. Cole Palmer has secured UK registrations for several trade marks, including a face mark and a motion mark capturing his now iconic shivering celebration. Jeremy Clarkson followed suit with the successful registration of a face mark in the UK in January this year, with his corresponding EUIPO application still pending. Meanwhile, Luke Littler's UK application has been published and may reach registration in the coming months.
In the USA, actor Matthew McConaughey has similarly filed to protect his likeness by securing eight trade marks at the USPTO and Taylor Swift is the most recent high profile celebrity to pursue this strategy, having filed trade mark applications in the US for the iconic Eras Tour image depicting her on stage with a guitar, as well as for two sound marks (Taylor speaking: 1) "Hey, it's Taylor Swift"; and 2) "Hey, it's Taylor").
This move has attracted significant international media attention, and it is anticipated that other artists and public figures may now follow suit.
Dua Lipa and Samsung
This wave of new trade mark protection is extremely timely in light of the recent claim brought by Dua Lipa against Samsung in California. Samsung is alleged to have used a photograph of Dua Lipa's face (albeit not AI generated) on packaging without her consent, relying on assurances from a third party content provider that the necessary rights had been cleared.
The case highlights how fragmented rights clearance processes can lead to the unlicensed commercial exploitation of a celebrity's image, regardless of whether it is deliberate or inadvertent. This claim was brought in California, where a statutory right of publicity (a right available in the US giving individuals direct control over the commercial use of their name, image and likeness) was relied on. The legal position in the US is therefore different from that in England and Wales, where no equivalent statutory right exists. Were a similar case to arise in the UK, the absence of a standalone image right means that in this scenario, a registered trade mark for one's face could prove an invaluable alternative legal basis in which to challenge the unauthorised commercial use of a celebrity's image.
But, what is the value?
Jeremy Clarkson's frustration that his face and voice were being used to promote things he had not consented to is one that will resonate with many public figures. For those looking to control how their image is used, trade mark registration can be a powerful deterrent to misuse of their image. That said, it is important to keep in mind that a trade mark registration does not grant a blanket right to prevent any and all use of one's image. Rather, its scope is limited to preventing the unauthorised commercial use of the registered mark in connection with the goods and services covered by the registration. Where the unauthorised use relates to goods or services that fall outside the scope of the registered Classes, the registration may be of limited practical value.
Equally, enforcement of these trade marks is not without its challenges. Where the unauthorised use does not amount to use in the course of trade (for example, non-commercial use), a registered trade mark will not assist. In such cases (and arguably in every case to maximise chances of success), claimants may need to supplement any trade mark infringement claim with an action in passing off. That said, one area where a registered trade mark may prove particularly useful is in facilitating takedown requests on online platforms, where it can provide a more streamlined basis for securing the removal of infringing content.
Beyond enforcement, trade mark protection can play a strategic role in monetisation. A registered trade mark provides clarity and certainty when entering into endorsement, sponsorship and merchandising arrangements. It allows celebrities to licence specific elements of their brand, whether a facial image, gesture or catchphrase, on defined terms, with confidence that misuse can be controlled. For younger athletes and emerging talents in particular, trade marks can help lay the foundations of a long term brand strategy, ensuring that valuable commercial opportunities are not diluted by unauthorised third party use early in their careers. Luke Littler's application is a pertinent example of brand building instinct, whether or not AI-related concerns were the primary driver.
What might the future hold?
The legal landscape is likely to evolve as policymakers grapple with the threat of AI. Some commentators have called for the introduction of a dedicated image right in English law, akin to the right of publicity in the US. In the meantime, we are likely to see an increase in high profile figures applying to register their images as trade marks in the UK.
Practical considerations
As with any IP strategy, trade mark registrations for images are unlikely to be a complete solution to the problem of AI deepfakes and it remains to be seen how these registrations can (or will) be relied upon in enforcement actions. Or, if challenged, whether they would remain valid.
It may transpire that their direct effectiveness against synthetic or altered content is limited, but when combined with passing off, privacy arguments and platform enforcement mechanisms, they can strengthen a rights holder's position. These registrations are also a useful basis to allow public figures to monetise and commercialise their brand and more readily define the scope of the IP that is licensed in commercial deals.
The risks posed by AI generated content are not going away. If anything, they are accelerating. For celebrities, actors, athletes and public figures who have invested years in building a commercially valuable identity, taking proactive steps to protect their identity by way of trade mark registration is likely to be "worth a shot".
Copyright & permissions
