Taylor Swift’s trademark play – a new frontier for AI and IP protection?

Taylor Swift has filed trademark applications covering her voice and visual likeness, a move that reflects a growing trend among public figures using intellectual property law to guard against AI-driven misuse.

The applications include a photograph of Swift performing during her Eras Tour, alongside audio recordings of her saying “Hey, it’s Taylor” and “Hey, it’s Taylor Swift”, taken from promotional content produced by the popstar.

Stuart Casey, UK Intellectual Property Partner, notes that while sound trade marks are an established concept, Swift’s application may face hurdles.

“More than a decade ago Taylor Swift sung about the distinctive “long hair, slicked back, white T-shirt” look that is always associated with James Dean. But can she prove that her voice alone is distinctive enough to be registered as a trade mark?

Applying to register particular sounds as trade marks is not new. Think of the distinctive “Ta-Dum” each time you stream Netflix or the roaring lion associated with MGM. Taylor’s team will need to show that her voice – as a sound trade mark – is distinctive and is capable of distinguishing her goods and services from others.  In short, that sound must be her brand identifier.

Whilst that may appear to be a relatively easy hurdle for her, there will be challenges not just in accurately describing the sound but also in showing that the phrase is not simply part of her “product”.  When it comes to enforcing her rights, in an age of AI created media, showing that the trade mark is being used in an identical or confusingly similar is also likely to be difficult in all but the most clear cut of uses.  Relying on copyright may be another part of her strategy to challenge the ever-increasing use of AI.”

Stuart’s comments were featured in ICLG, Scottish Legal News, and Record of the Day.