In a high-profile legal first, actor Matthew McConaughey has taken the unusual step of trademarking his iconic catchphrase “Alright, alright, alright,” along with related uses of his image and voice, to help protect against the unauthorized use of artificial intelligence (AI) to replicate or simulate his likeness. While the technology involved is cutting-edge, the legal strategy behind it is anything but new. McConaughey is, in effect, repurposing traditional intellectual property tools to confront a modern version of a problem courts have been grappling with for decades: how to protect identity, voice, and persona when technology makes imitation easier, cheaper, and more scalable than ever before.
What Did McConaughey Trademark?
Over the past several months, McConaughey successfully obtained eight registered trademarks, including a “sensory mark” on the audio of him saying “Alright, alright, alright,” and service marks on several video clips and audiovisual depictions closely associated with his public persona.
A sensory mark is a form of trademark protection that extends beyond traditional words and logos to protect non-visual identifiers, such as sounds, scents, textures, or motions, so long as they function as source identifiers in the minds of consumers. Classic examples include the MGM lion’s roar, the NBC chimes, or the distinctive engine sound of a Harley-Davidson motorcycle. By registering the sound of his own voice delivering his signature phrase, McConaughey is effectively asserting that this vocal expression itself operates as a brand identifier tied uniquely to him.
This becomes especially significant in the age of generative AI, where “soundalikes” and voice clones can be produced with startling accuracy. AI systems can now generate speech that mimics a person’s tone, cadence, and inflection so closely that listeners may reasonably believe the individual actually spoke the words. By locking in trademark rights over a specific vocal performance, McConaughey strengthens his ability to argue that AI-generated imitations create false endorsement, source confusion, and commercial misappropriation.
Old Law, New Technology: From Bette Midler to Deepfakes
Although the technology is new, the legal theory is not. Courts confronted similar issues long before AI, when advertisers and studios attempted to evoke celebrities without technically using their names or faces. In Midler v. Ford Motor Co., the Ninth Circuit held that using a soundalike singer to imitate Bette Midler’s distinctive voice in a commercial violated her rights, even though her name and image were not used. Likewise, in White v. Samsung Electronics America, the court found that a robot styled to resemble Vanna White could infringe her right of publicity by deliberately calling her identity to mind.
Those cases recognized that identity is not limited to literal names or photographs. Voice, mannerisms, and overall “persona” can be protected when they function as commercial signifiers. McConaughey’s trademark strategy reflects the same principle, but updated for a world in which AI can replicate not just style, but near-perfect digital doubles. In this sense, he is adapting an established legal framework, trademark and false endorsement doctrine, to an old problem (unauthorized commercial exploitation of identity) that has been dramatically intensified by new technology.
Why Trademark a Phrase and Likeness?
Trademark law protects brand identifiers, like logos, slogans, and product names, to prevent consumer confusion about the source of goods or services. McConaughey’s strategy is novel because it extends that traditional framework into the emerging area of AI-generated content.
His legal team has stated that the goal is not just to prevent unauthorized usage, but to establish legal standing if AI technologies are used to replicate his identity without approval. With these trademarks, McConaughey and his attorneys could bring a federal lawsuit if an AI-generated deepfake of his voice or likeness were exploited commercially or deceptively.
This approach comes amid growing concern about the misuse of AI in creating deepfakes (realistic synthetic media that can depict someone saying or doing things they never actually did). In the entertainment industry, these risks are no longer theoretical. For example, Scarlett Johansson publicly objected to the use of an AI-generated voice that closely resembled her own in a commercial product, raising questions about consent, voice misappropriation, and the limits of existing intellectual property and publicity rights. Incidents like this have intensified legal scrutiny around AI-generated sound-alikes and digital replicas in entertainment.
Legal Landscape: Rights of Publicity, AI, and Intellectual Property
McConaughey’s trademark filings highlight a critical gap in current U.S. law: while state right-of-publicity laws protect individuals from unauthorized commercial use of their name, voice, or likeness, AI-generated impersonations have created challenges that exceed what this patchwork of state laws can effectively address. The absence of a comprehensive federal right-of-publicity statute leaves individuals vulnerable as AI technology enables hyper-realistic impersonations that cross state lines and operate at a scale previously unimaginable.
Trademark law, then, becomes a creative legal tool to bridge that gap. By securing exclusive trademarks on specific expressions and images, McConaughey aims to create a clear legal perimeter that deters unauthorized reconstruction or re-use of his persona in AI content.
Some legal experts suggest this could mark a new paradigm where public figures proactively fortify their intellectual property rights to safeguard their digital identities in an age of increasingly sophisticated AI.
Implications for the Future
Although this trademark strategy has not yet been fully tested in court against AI-generated misuse, McConaughey’s move may signal a broader shift in how public figures, brands, and content creators protect their identities in the digital age.
As generative AI becomes capable of producing highly realistic voice clones, video deepfakes, and synthetic performances, attorneys and legal scholars will need to adapt traditional intellectual property and privacy doctrines to novel technologies.By leveraging trademark law to stake ownership over distinctive phrases, vocal expressions, and visual likenesses, celebrities and businesses alike may begin building enforceable legal boundaries around their digital personas before harm occurs.
This approach also underscores the growing convergence between trademark law, rights of publicity, and emerging AI regulation, and it raises important questions about how courts will evaluate consumer confusion, false endorsement, and commercial exploitation when the “speaker” or “performer” is no longer human.
As lawmakers continue to debate comprehensive federal protections against deepfakes, McConaughey’s filings may serve as an early blueprint for proactive brand and identity protection in an era where technology can convincingly replicate a person without their consent.
Bringing It Home: What This Means for Businesses and Creators
McConaughey’s filings are not just a celebrity novelty. They illustrate a broader lesson for brands, creators, and companies navigating the AI economy: valuable intellectual property often extends beyond traditional logos and product names.
A business’s protectable assets may include:
- Distinctive voices or audio signatures used in advertising or apps
- Slogans, taglines, or catchphrases associated with services
- Visual styles, motion marks, and signature video elements
- Trade dress and brand “feel” that AI systems could replicate or remix
- Data-driven content, training materials, and proprietary media libraries
In many cases, clients are not even aware that these elements can function as protectable trademarks or trade dress until a competitor, or an AI model, begins imitating them.
This is where a comprehensive IP audit becomes critical. Romano Law can help clients identify, evaluate, and protect their full suite of intellectual property, including non-traditional assets that may become increasingly vulnerable as generative technologies evolve. By securing appropriate trademark, copyright, and contractual protections now, businesses can position themselves to deter misuse, assert false endorsement claims, and preserve the value of their brand identity before disputes arise.
Conclusion
As artificial intelligence continues to blur the line between authentic and synthetic identity, proactive legal protection has never been more important. Whether you are a public figure, content creator, brand, or business concerned about the unauthorized use of your name, image, voice, or proprietary content, Romano Law can help you assess your rights and develop a strategy to safeguard your intellectual property in the digital age.
Our team stays at the forefront of emerging issues at the intersection of trademark law, right of publicity, and AI regulation, and we are prepared to advise clients on how to protect their brand and reputation before misuse occurs. Contact Romano Law to discuss how evolving technology may impact your legal rights and how to enforce them.
Contributions to this blog by Kennedy McKinney.