On Friday, Swift’s company, TAS Rights Management, filed three trademark applications with the U.S. Patent and Trademark Office. Two are sound trademarks covering the phrases “Hey, it’s Taylor Swift” and “Hey, it’s Taylor.” The third is a visual trademark covering a specific image of Swift performing on stage.
The filings come after AI-generated fakes have repeatedly targeted Swift.
“The unique thing here is the use to protect against AI misuse. Pragmatically, these efforts might be useful to protect herself against misuse from other identifiable actors, such as companies using AI to falsely suggest she endorses a product or service,” he said.
Still, Sigmon said, enforcing those rights online may prove more difficult in practice.
“It might be surprisingly difficult for her to enforce her rights against AI misuse on the internet writ large, because those creating salacious content with her image are likely doing so anonymously, making them harder to track down,” Sigmon said.
While trademark law has so far not been used to protect a person’s general likeness, voice, or persona in court, legal experts say the filings reflect growing concern in the entertainment industry over AI tools capable of replicating artists without consent. However, Swift’s level of celebrity may prove to be her greatest asset in getting the trademark approved.
“Taylor Swift is very recognizable in many ways, including but not limited to her voice and overall image,” Sigmon said. “One might quibble about the amount of distinctiveness she could argue, but that isn't likely to outright prevent her from a trademark. It's also likely she'll have an easy time showing that her [name, image, and likeness] is associated with a good or service—for instance, her music, fan goods, etc.”
