How Matthew McConaughey’s USPTO Trademark Win Signals a Shift in the Legal Profession to Focus on Unauthorized AI Use & Protections
By: Katie Kean, Esq.
One of the biggest pieces of Trademark news this year has been the novel move by actor Matthew McConaughey, to proactively take steps to protect his iconic movie phrases from abuse and misuse by AI, specifically AI created deepfakes, video, and audio by filing for, and registering a sensory mark to protect such phrases with the United States Patent and Trademark Office (the “USPTO”). J.K. Livin Brands, Inc., Serial No. 98325548 (USPTO [Dec. 16, 2025]).
A “sensory mark,” according to the USPTO, is a “non-traditional mark” that can include a sound or motion, similar to the chimes you hear associated with the NBC logo on television. USPTO, Experienced Practitioners: Examination of Non-Traditional Trademarks, (Feb. 20, 2026), https://www.uspto.gov/sites/default/files/documents/tm-non-traditional-marks-20251216 .pdf. To obtain approval on a sound mark registration, the USPTO requires that it be specific, detailed, must have acquired distinctiveness, must not be functional, and one must be able to produce a specimen for the filing that shows the mark being used in commerce. Id.
While sources like the Wall Street Journal are reporting that McConaughey has successfully filed for and obtained eight (8) such marks, the discussion has largely centered (or started) around McConaughey’s infamous phrase “alright, alright, alright” from Dazed and Confused, a movie released in 1993. Ben Fritz, Matthew McConaughey Trademarks Himself to Fight AI Misuse, The Wall Street Journal, (Feb. 20, 2026), https://www.wsj.com/tech/ai/matthew-mcconaughey-trademarks-himself-to-fight-ai-misuse. It is an extremely proactive move on the part of McConaughey, which, once registered, gives him the power to consent to the use of his voice in these contexts, giving clarity and peace of mind by having another route for recourse against an AI source creating clips with the audio of his voice without his knowledge. Kerena Cobbins, Matthew McConaughey Trademarks Iconic Phrase to Stop AI Misuse, BBC, (Feb. 20, 2026), https://www.bbc.com/news/articles/cp87z6vexl3o. McConaughey himself provided that he wants to “create a clear perimeter around ownership with consent and attribution the norm in an AI world.” Scott Simon, Matthew McConaughey Trademarks his Catchphrase in a Bid to Beat AI Fakes, NPR, (Feb. 20, 2026), https://www.npr.org/2026/01/17/nx-s1-5680266/matthew-mcconaughey-trademarks-his-catchphrase-in-a-bid-to-beat-ai-fakes.
AI use – or its misuse rather – has left many searching for solutions, whether it be in the legal field or the entertainment industry. This is the first instance of an actor utilizing existing trademark law as a protection, which ultimately gives McConaughey the ability to take a dispute over one of his marks to federal court if his mark is infringed, giving more protection to the specific and unauthorized use of his voice. Cobbins, supra. For instance, if an unauthorized video or recording surfaced that was close enough to the registered sensory mark, McConaughey could claim that it could confuse consumers using the route of a trademark infringement action. This is in contrast to the normal route for celebrities, which requires more of a challenge for a celebrity to prove misuse based on the fact the use was not licensed, and/or the reputational harm to the celebrity. Id.
The use of trademark protection in this way, because it is so new, has not been fully tested in courts to see how judges may interpret the facts as applied to the existing law, making this more of an experimental foray into a new legal realm. Even Kevin Yorn, a partner and co-founder of McConaughey’s legal team at Yorn Levine confirmed that they “…don’t know what a court will say in the end. But we have to at least test this.” Todd Spangler, Matthew McConaughey Trademarks ‘Alright, Alright, Alright!’ and Other IP as Legal Protections Against ‘AI Misuse,’ Variety, (Feb. 20, 2026), https://variety.com/2026/biz/news/matthew-mcconaughey-trademarks-alright-alright-alright-ai-misuse-1236631214/. In reality, the analysis largely turns on how a mark is used. If the use is source-identifier focused, meaning that it is likely to cause confusion, then a celebrity could have protection under existing trademark law. However, if the use is based on likeness as products alone, at least one court in New York has already denied such a claim. Kyle Jahner, McConaughey Trademark Move Isn’t ‘Alright’ for Keeping AI at Bay, Bloomberg Law, (Feb. 20, 2026), https://news.bloomberglaw.com/ip-law/mcconaughey-trademark-move-isnt-alright-for-keeping-ai-at-bay. The concept is indeed novel and certainly creative; and provided that courts side with McConaughey, may be a new area of legal practice – especially for those working with celebrities or in entertainment law.
As technology continues to evolve and as it gets more and more difficult to discern what is real vs. an AI created fake, this path could open the door to a broader range of protections. While sensory and sound marks are more non-traditional forms of trademarks, trademark protection can still be extremely important in other contexts such as the more traditional word marks and design marks. Should you have any questions about protecting your brand through use of trademark protections, please contact our office and schedule a consultation.