Matthew McConaughey goes the ‘trademark way’ to fight AI deepfakes

Matthew McConaughey is taking a legal approach to fight unauthorised artificial intelligence (AI)-generated deepfakes. Over the past several months, the Hollywood actor has had eight trademark applications approved by the US Patent and Trademark Office featuring him staring, smiling and talking. His attorneys said the trademarks are meant to prevent AI apps or users from simulating McConaughey's voice or likeness without his permission, a concern increasingly common among performers.

According to the approved applications, the trademarks include a seven-second clip of the Oscar winner standing on a porch, a three-second clip of him sitting in front of a Christmas tree, and audio of him saying "Alright, alright, alright," his famous line from the 1993 movie "Dazed and Confused".

What Matthew McConaughey said about getting his own trademarks approved

In an email sent to the Wall Street Journal (WSJ), McConaughey said, “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.”

However, the actor’s lawyers said they aren't aware of his likeness being manipulated by AI but hope the trademarks can be used broadly to prevent any unauthorised copies of him.




“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 Jonathan Pollack, one of McConaughey's attorneys.

Many actors and singers have had to deal with fake videos, audio and images on the internet created by AI, including Tom Hanks and Taylor Swift.

US rights-of-publicity laws already protect actors from having their images or likenesses used to sell products. However, McConaughey's lawyers believe that the threat of a lawsuit in federal court would help prevent misuse more broadly, including of AI-generated video that isn't clearly selling anything.

The actor’s lawyers said they aren't aware of any other actors who have secured broad trademarks on themselves, particularly in the age of AI. They acknowledged that if a defendant fights one of McConaughey's trademark claims, the outcome is uncertain.

“I don't know what a court will say in the end. But we have to at least test this,” said Kevin Yorn, McConaughey's another lawyer, who represents many toehr top Hollywood actors, including Scarlett Johansson and Zoe Saldana.

McConaughey recently announced a partnership with AI voice company ElevenLabs to create a version of his newsletter “Lyrics of Livin'” in Spanish. McConaughey is an investor in ElevenLabs, as is Yorn through venture-capital firm BroadLight Capital, where he is a partner.

US law allows individuals and companies to make a trademark claim on images closely connected with them, even if they haven't been filed with the USPTO. But many seek approval to ensure the law is on their side. Some performers have even secured trademarks for catchphrases, such as singer Lizzo's "100% That B***h".

Mark McKenna, a professor at the University of California, Los Angeles, School of Law, who studies intellectual property, told WSJ that the trademarks granted under existing US law without registration, as well as state right-of-publicity laws, protect against most commercial uses. But on internet video platforms where creative work generated by AI can be monetised with advertisements, the law is less clear.

“In some of the things people are most worried about with new technology, we don't have crystal clear rules about whether they're considered commercial,” he said.

McConaughey and his attorneys said they hope federal law will eventually clarify the issue and make trademarks such as his unnecessary. Hollywood unions and companies have supported legislation forbidding AI-generated replicas of people without their permission. A bill was also introduced by the US Congress in 2024, but it hasn't been voted on in the House or Senate.