Artificial intelligence (AI) is finding a place in virtually every part of our lives and all industries. It’s even moving people to seek to trademark things they never had to in the past to protect the uniqueness of their product or service – and sometimes even their own identity.
Recently, for example, it was reported that Oscar-winning actor Matthew McConaughey has obtained multiple trademarks to protect his likeness and voice from misuse.
Trademarking clips of famous phrases closely associated with him
McConaughey has trademarked sound marks and video clips of him saying things like “Alright, alright, alright” that are closely associated with him. The actor first used that phrase in his 1993 film Dazed and Confused. He repeated it as part of his Academy Award acceptance speech for Dallas Buyers Club over two decades later.
An audio clip that starts with “Just keep livin’…” — another one of his well-known quotes from Dazed and Confused – has also been trademarked. McConnaughey’s trademarks have been registered to an apparel company he owns, called J.K. Livin Brands Inc.
Some might think the trademarking of these sound marks and other clips is unnecessary since well-known people already have “image and likeness” protections under state rights-of-publicity laws. However, trademarking them with the U.S. Patent and Trademark Office (USPTO) protects them in case a federal action ever needs to be brought.
Most people don’t have to worry that a short video or audio clip of them saying something can be misused for profit. However, it’s always wise to consider, as technology advances, how a “word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services,” as the USPTO defines the type of intellectual property (IP) protected by a trademark, can be misused.
This is why business owners and individuals shouldn’t try to handle trademark and other IP protection on their own. It requires experienced legal guidance.
