Can you trademark identity? The new legal strategy celebrities are using against AI

By Wellett Potter, Senior Lecturer in Law, University of New England

In recent months, celebrities such as Taylor Swift, Matthew McConaughey and Jeremy Clarkson have turned to trademark law to protect aspects of their identity associated with their brands.

It’s a relatively new legal tactic and not yet tested in court. But celebrities are using it in an attempt to fill a gap copyright law wasn’t designed to fill.

In late April 2026, Swift registered two sensory trademarks of her saying “Hey, it’s Taylor”, “Hey it’s Taylor Swift”,…

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