Taylor Swift Files Trademark Applications for Her Voice and Likeness: A New Frontier in Celebrity Brand Protection in the Era of AI Deepfakes in Taiwan
[ August 2026 ] >Back| Trademark | |||
| I. | Taylor Swift Files Trademark Applications for Her Voice and Likeness: A New Frontier in Celebrity Brand Protection in the Era of AI Deepfakes in Taiwan | ||
| The rapid advancement of generative artificial intelligence (AI) and deepfake technology has created unprecedented intellectual property challenges for public figures and global brands. According to recent media reports, Taylor Swift has taken steps to protect her voice and iconic stage persona through trademark registration, seeking to establish a legal “digital identity defense barrier” against unauthorized AI-generated imitations. In Taiwan, both sound marks and trademarks consisting of a person’s image may be registered under the Trademark Act. As AI-generated impersonation becomes increasingly widespread, this strategy may provide celebrities and brand owners with a powerful tool for protecting their identities and commercial value. However, several practical considerations and potential risks must also be carefully evaluated. |
|||
| This article explores the advantages and limitations of protecting a celebrity’s voice and likeness through trademark registration under Taiwan trademark practice. | |||
| 1. | Advantages of Registering a Celebrity’s Voice and Likeness as Trademarks | ||
| Traditional copyright protection primarily focuses on existing creative works, such as sound recordings, photographs, or audiovisual works. However, if AI technology merely imitates a celebrity’s voice, tone, speaking style, or appearance without reproducing an existing copyrighted work, copyright protection may fail to reach such conduct. Accordingly, trademark protection may serve as an important complementary strategy for protecting celebrity brands in the AI era. |
|||
| (1) | Strong Criminal Deterrence and Enhanced AI Risk Management | ||
| Under Taiwan’s Trademark Act, trademark infringement may trigger criminal liability when the statutory requirements under Article 95 and related provisions are satisfied. This criminal enforcement mechanism provides a significant deterrent effect against unauthorized commercial exploitation. More fundamentally, trademark registration increases the likelihood that AI developers, online platforms, and commercial partners will conduct rights clearance and risk assessments before using a celebrity’s voice or likeness. A registered trademark also provides a stronger legal basis for rights holders to demand cessation of unauthorized use and to request removal of infringing content. |
|||
| (2) | Effective Protection Against “Celebrity Endorsement Scams” | ||
| The fundamental purpose of trademark law is to prevent confusion regarding the source of goods or services. For example, if fraudsters use generative AI to imitate Taylor Swift’s voice and appearance on social media and promote a product by falsely claiming, “Hi, I’m Taylor Swift. Click this link to purchase this discounted water bottle”, the trademark owner may argue that such unauthorized use creates a likelihood of confusion among relevant consumers. Based on trademark rights, the rights holder may submit infringement notices to online platforms, request removal of the unauthorized content, and protect the goodwill associated with the celebrity’s brand. |
|||
| 2. | Potential Concerns and Risks of Trademarking Celebrity Voices and Likenesses | ||
| Although trademark registration provides a promising new defensive strategy, trademark law is fundamentally designed to maintain fair competition and commercial order. Therefore, several practical limitations must be considered. | |||
| (1) | Limitations in Cross-Industry Infringement Claims (Likelihood of Confusion Requirement) | ||
| Trademark applications are based on the Nice Classification system, meaning applicants must designate the specific goods or services for which protection is sought, such as entertainment services, recording equipment, clothing, and other relevant categories. However, if an AI user misappropriates a celebrity’s voice or likeness in connection with goods or services completely unrelated to the celebrity’s commercial activities (for example, industrial components or agricultural chemicals), whether such use gives rise to “a likelihood of confusion among relevant consumers” or in the case of a well-known mark, “dilution of the trademark’s distinctiveness or reputation” must be carefully assessed on a case-by-case basis. Accordingly, there remains a risk that a court may ultimately determine that the legal requirements for trademark infringement have not been satisfied. |
|||
| (2) | Risk of Cancellation Due to Non-Use After Three Years | ||
| Because the primary purpose of such trademark strategies is often defensive protection against AI misuse, rights holders may consider filing broad defensive trademark applications covering goods and services that they do not currently intend to commercialize. | |||
| For example, a celebrity may register a voice or likeness trademark for various categories, such as: | |||
|
|||
| However, under Taiwan’s Trademark Act,a registered trademark that remains unused for a continuous period of three years without justifiable reason may be subject to a non-use cancellation action filed by any interested party with the Taiwan Intellectual Property Office (TIPO). Therefore, purely defensive trademark registrations without genuine commercial use may remain vulnerable to cancellation proceedings. However, under Taiwan's Trademark Act, a registered trademark that remains unused for a continuous period of three years without justifiable reason may be subject to a non-use cancellation action filed by any interested party with the Taiwan Intellectual Property Office (TIPO). |
|||
| 3. | Conclusion | ||
| In today’s rapidly evolving technological environment, strategically registering a celebrity’s “voice” and “signature likeness” as trademarks has increasingly become an important legal tool for brand protection in the AI era. With careful planning by experienced trademark professionals, early defensive trademark strategies can help celebrities and businesses maintain greater control over their identities, reputations, and commercial value in the digital landscape. Should you or your clients be considering whether a voice, image, or other personal brand asset should be protected through trademark registration, our professional team would be pleased to assist in evaluating the appropriate trademark strategy and developing a tailored intellectual property protection plan. |
|||