What does Taylor Swift have in common with Chelsea midfielder Cole Palmer, broadcaster Jeremy Clarkson and world darts champion Luke Littler? This might sound like the opening line of an ill-fated joke, but the answer in fact lies in the fast-growing trend of celebrities turning to trade mark law to counteract the impacts of unlicensed commercialisation.
But why now?
This is not an entirely new phenomenon. Celebrities have long sought to control the commercial exploitation of their likeness. Formula One driver Damon Hill is often cited as a pioneer in this regard, having successfully registered as a trade mark the iconic image of his eyes peering out from his helmet in the UK as early as 1997. However, the landscape is changing rapidly and AI can now generate highly realistic images, videos and voice clones which are often designed to mimic celebrities and their likeness, known as "deepfakes". Fake endorsements, scam advertisements and misleading promotional content are circulating widely, often without the subject's consent (or often, knowledge).
Against this backdrop, the UK government has undertaken a wide-ranging consultation on the intellectual property (IP) framework in the age of AI. Its ensuing report, Copyright and Artificial Intelligence, was published in March 2026 and acknowledged the limitations of the existing legal protections but with no clear reform proposed. While legislative reform and policy intervention may be on the horizon, celebrities are not waiting around to protect the value of their image.
Gaps in the legal framework
Unlike some jurisdictions, the UK does not recognise a standalone "image right". Protection is instead pieced together from a patchwork of rights including trade marks, passing off, data protection and platform policies. However, under the UK Trade Marks Act 1994 (Act), it is theoretically possible to register a trade mark consisting of a person's face, provided it is "clear and precise" and capable of distinguishing one undertaking from another (Section 1 of the Act).
An emerging trend
A growing number of well-known individuals have been exploring this route in recent years. Cole Palmer has secured UK registrations for several trade marks, including a face mark and a motion mark capturing his now-iconic shivering celebration. Jeremy Clarkson followed suit with the successful registration of a face mark in the UK in January this year, with his corresponding EUIPO application still pending. Meanwhile, Luke Littler's UK application has been published and may reach registration in the coming months.
Taylor Swift is the most recent high-profile celebrity to pursue this strategy, having filed trade mark applications in the US for the iconic Eras Tour image depicting her on stage with a guitar, as well as for two voice marks. This move has attracted significant international media attention and it is anticipated that other artists and public figures may now follow suit.
What is the value?
Jeremy Clarkson's frustration that his face and voice were being used to promote things he had not consented to is one that will resonate with many public figures. For those looking to control how their image is used, trade mark registration can be a powerful deterrent to mis-use of their image.
That deterrent value, however, should not be overstated or conflated with ease of enforcement. In practice, claimants may still need to rely on passing off in addition to any trade mark infringement claim. Registrations may however streamline takedown requests to platforms, which can often be a more expedient resolution.
Beyond enforcement, trade mark protection can play a strategic role in monetisation. A registered trade mark provides clarity and certainty when entering into endorsement, sponsorship and merchandising arrangements. It allows celebrities to licence specific elements of their brand, whether a facial image, gesture or catchphrase, on defined terms, with confidence that misuse can be controlled. For younger athletes and emerging talents in particular, trade marks can help lay the foundations of a long-term brand strategy, ensuring that valuable commercial opportunities are not diluted by unregulated third-party use early in their careers. Luke Littler's application is a pertinent example of brand-building instinct, whether or not AI-related concerns was the primary driver.
What might the future hold?
The legal landscape is likely to evolve as policymakers grapple with the threat of AI. Some commentators have called for the introduction of a dedicated image right in English law, akin to the right of publicity in the United States. In the meantime, we are likely to see an increase in high profile figures applying to register their images as trade marks in the UK.
Practical considerations
As with any IP strategy, trade mark registrations for images are unlikely to be a complete solution to the problem of AI deepfakes and it remains to be seen how these registrations can (or will) be relied upon in enforcement actions. Or, if challenged, whether they would remain valid.
It may transpire that their direct effectiveness against synthetic or altered content is limited, but when combined with passing off, GDPR arguments and platform enforcement mechanisms, they can strengthen a rights holder's position. These registrations are also a useful basis to allow public figures to monetise and commercialise their brand and more readily define the scope of IP licensed in commercial deals.
The risks posed by AI-generated content are not going away. If anything, they are accelerating. For celebrities, athletes and public figures who have invested years in building a commercially valuable identity, taking proactive steps to protect their identity by way of trade mark registration is likely to be "worth a shot".
Trowers & Hamlins’ Intellectual Property team specialises in helping individuals and businesses develop and implement trade mark and brand protection strategies globally. If you would like advice on these issues, please get in touch. We would be happy to assist.
