In a bid to combat the burgeoning threat of deepfakes, high-profile figures including Taylor Swift, Jeremy Clarkson, and Cole Palmer are taking an unconventional step: trademarking their likenesses. While this legal manoeuvre could offer some measure of protection, experts caution that it may not provide a comprehensive solution to the challenges posed by artificial intelligence-generated content.
The Rise of Deepfakes and Celebrity Concerns
The digital landscape has become increasingly perilous for public figures, with deepfake technology enabling the creation of hyper-realistic videos that can mislead audiences. A notable instance occurred in 2024 when Jeremy Clarkson’s likeness was manipulated in a series of fraudulent advertisements promoting a digital currency. These ads, which quickly proliferated across social media, misled fans into believing the former Top Gear host had endorsed the product, despite his lack of involvement. Such incidents have prompted celebrities to take action by securing trademarks on their faces.
Taylor Swift, alongside athletes like Cole Palmer and darts prodigy Luke Littler, has joined this movement. By obtaining trademarks, they aim to assert control over their image and combat the misuse of their likeness in AI-generated content.
Legal Implications of Trademarking Likenesses
Experts suggest that while trademarking may represent a pragmatic approach for celebrities to protect their brands, it is far from a flawless strategy. Faris Dean, a partner at Ison Harrison Solicitors, outlines that a trademark serves to distinguish goods or services, allowing consumers to identify specific brands. This legal framework is traditionally business-oriented, and its application to personal likeness raises unique challenges.
Michael Rimola, an intellectual property associate at JMW Solicitors, adds that trademark law in the UK primarily caters to commercial interests. “You would only seek a trademark if you were selling something,” he notes. For celebrities, their faces often constitute a significant part of their brand identity. However, the intention behind trademarking solely to prevent deepfakes could be legally tenuous.
The Risks and Limitations of Trademarking Faces
One of the primary concerns with trademarking a likeness is the potential for legal complications. For instance, should a celebrity secure a trademark for their image, it may only cover specific representations of their face. If they alter their appearance—through a new hairstyle or facial modifications—the trademark could become ineffective.
Moreover, there is the moral dilemma surrounding who has the right to trademark a likeness. Dean raises critical questions about the potential for one individual to register a trademark for another person’s face, highlighting serious data protection and privacy issues.
For celebrities with clear commercial intentions, such as Cole Palmer, who has trademarked his signature celebration “Cold Palmer,” the path to defending their trademarks may be somewhat more straightforward. However, without an underlying business purpose, many trademark applications could face challenges or be deemed invalid.
The Need for Comprehensive Legislation
As celebrities navigate the complexities of trademarking, the absence of specific image rights legislation in the UK underscores the urgency for reform. Currently, UK law does not provide comprehensive protections for personal likenesses, compelling public figures to resort to trademarks as a workaround.
Earlier this year, the UK government enacted measures against the non-consensual use of explicit deepfakes, but broader regulations addressing non-sexually explicit deepfake content remain under consideration. Dean emphasises the importance of legislative clarity: “It is crucial for the UK parliament to establish clear guidelines to prevent issues from being resolved through trademark registration.”
Why it Matters
The trend of celebrities trademarking their faces highlights a growing recognition of the risks posed by deepfake technology, both for public figures and the general public. While trademarks may offer a degree of protection, they are not a catch-all solution. The pressing need for robust legislation to address the complexities of deepfakes will ultimately determine how effectively individuals can safeguard their identities in an increasingly digital world. As this landscape evolves, the interplay between technology, law, and personal rights will become ever more critical.
