From Movie Line to Trademark Register: The Legal Journey and Implications of “Alright, Alright, Alright”

^[1]

Protecting Celebrity NIL in the Age of Generative AI

The rapid advancement of generative artificial intelligence (“genAI”) over the past decade has significantly expanded the ability to replicate an individual’s name, image, and likeness (“NIL”).[2] Celebrities are among the most directly affected groups, often relying on the right of publicity – to mitigate the growing threats of intellectual property infringement through genAI.^[3] Because the right of publicity is governed by a combination of state statutory and common law regimes, its scope and strength vary by jurisdiction, resulting in inherent limitations on the protection it affords.^[4] For example, Pennsylvania only recognizes four forms of privacy: intrusion upon seclusion, appropriation of name or likeness, publicity given to private life, and publicity placing a person in a false light.^[5]

In response to privacy law’s limitations, many celebrities have turned to trademark law and used registration as a tool to protect brand identifiers and prevent consumer confusion.^[6] Under the Lanham Act, an individual’s name or likeness can develop into a protectable trademark if that person can establish an aspect of their individual identity as a source of particular goods and/or services.^[7] Although not every phrase associated with a celebrity is eligible for trademark protection, the United States Patent and Trademark Office (“USPTO”) has recently shifted from prioritizing strict interpretations of trademark use to placing greater emphasis on evidence of consumer perception due to the practical need to manage AI threats to phrases closely tied to a celebrity’s persona.^[8]

“Alright, Alright, Alright” Trademarked

The phrase “alright, alright, alright,” first delivered by Matthew McConaughey in the 1993 film Dazed and Confused, has evolved from a memorable cinematic line into a contemporary reference point in scholarly and legal discussions concerning the growing emphasis on ways to prevent misuse in genAI. In December 2023, an application to register “alright, alright, alright” as a trademark was submitted to the USPTO and granted in December 2025.^[9] Although there was no evidence at the time of the trademark application that McConaughey’s likeness had been manipulated by AI, his attorneys stated that the trademark was sought as a proactive safeguard to deter unauthorized AI systems or users from generating content that imitates or exploits the actor’s voice or likeness. [10]  McConaughey has been outspoken about his concerns regarding the rapid evolution of genAI, consistently underscoring the importance of establishing clear boundaries around ownership in the AI ecosystem, with consent and proper attribution as foundational norms.^[11]

Federal law allows individuals to make a trademark claim on images closely associated with them even if they haven’t been filed with the USPTO, but many seek trademark approval to ensure the law is on their side.^[12] While state right of publicity laws already protect actors from having their image or likeness stolen to sell products, attorneys for McConaughey argued that securing trademark protection would offer a broader and more effective deterrent against misuse, given the added leverage afforded by potential federal court litigation.^[13]

The Growing Trend of Combating AI Misuse in the Acting Community:

The broader implications of genAI in entertainment go well beyond individual actors’ fears about NIL – they touch fairness in compensation, strengthened benefit plans, and protection against abusive use of AI.[14] The concerns raised during the 2023 SAG-AFTRA Strike are a strong lens for understanding these risks because they formalized many of the industry’s anxieties into specific bargaining demands.[15] On an individual level, these systemic concerns have manifested in both public advocacy, such as actor Tom Hanks denouncing unauthorized AI-generated images of his face on social media, and emerging litigation brought by voice actors with smaller public profiles challenging AI voice-generation practices.[16] For example, in Lehrman v. Lovo, Inc.,[17] Paul Lehrman and Linnea Sage, both professional voice actors, brought a punitive class action against an AI voice-over software company, Lovo, Inc., alleging unlawful use of their voices.[18] The court, however, held that trademark law cannot be used to protect performances and should not be extended into the domain of copyright or right of publicity law.[19] Taken together, the growing activism amongst entertainers to safeguard their identifiable attributes reflects a mounting concern of genAI misuse and a heightened vigilance against owner infringement.

References

^[1] Photo by Dmitry Spravko, A Book Sitting on Top of a Table Under a Light, Unsplash (Feb. 20, 2025),  https://unsplash.com/photos/a-book-sitting-on-top-of-a-table-under-a-light-X-NUTXyO8W8.

[2] See Sharoni S. Finkelstein & Alexandra L. Kolsky, Artificial Intelligence Wants Your Name, Image and Likeness – Especially If You’re a Celebrity, Venable LLP (May 17, 2023), https://www.venable.com/insights/publications/2023/05/artificial-intelligence-wants-your-name-image#:~:text=Those%20lawsuits%20are%20just%20around,of%20the%20right%20of%20publicity.

^[3] See id.

^[4] See id. 

^[5] See Restatement (Second) of Torts §§ 652B–652E (A.L.I. 1977)

^[6] See Muzamil Huq & Morgan Mitruka, Trademarks and the Right of Publicity, Bloomberg L. (Nov. 2023), https://www.bloomberglaw.com/external/document/X42ALVPC000000/trademarks-professional-perspective-trademarks-and-the-right-of-

^[7] See 15 U.S.C. § 1125 (2018).

^[8] See Huq & Mitruka, supra note 5

^[9] See ALRIGHT, ALRIGHT, ALRIGHT, Registration No. 8070191.

[10] See Ben Fritz, Matthew McConaughey Trademarks Himself to Fight AI Misuse, Wall St. J. (Jan. 13, 2026), https://www.wsj.com/tech/ai/matthew-mcconaughey-trademarks-himself-to-fight-ai-misuse-8ffe76a9?gaa_at=eafs&gaa_n=AWEtsqebKzBBgjoC-UsyZ_YNzTtw5A9HMMKPGcvmT-RJcbfTzjj8-Q6Q1-3IeaVoS6w%3D&gaa_ts=69a44f2d&gaa_sig=m6tHhBA1Ncww6I_tO3Pev93iRuwybWWkGQFteuya-96QUAAVd-IDd7lWIDVDmNkLekIno160kGKG7cl5TmhwrA%3D%3D

^[11] See id.

^[12] See id.

^[13] See id. 

[14] See SAG-AFTRA Members Approve 2023 TV/Theatrical Contracts Tentative Agreement, SAG-AFTRA (Dec. 5, 2023), https://www.sagaftra.org/sag-aftra-members-approve-2023-tvtheatrical-contracts-tentative-agreement.

[15] See id.

[16] See Jen Juneau, Tom Hanks Warns Fans Against Internet Scams Using His AI Image: ‘Do Not Lose Your Hard Earned Money,’ People (Aug. 30, 2024), https://people.com/tom-hanks-warns-fans-against-ads-using-his-ai-likeness-without-permission-8704470

[17] 790 F. Supp. 3d 348, 373 (S.D.N.Y. 2025).

[18] See id.

[19] See id.