United States: Media & Entertainment Law

Litigation Counsel Eric Sefton explores the legal landscape surrounding AI-generated celebrity likenesses, examining how trademark law, rights of publicity, copyright protections, and emerging state legislation intersect to address unauthorized digital replicas. The article provides practical guidance for protecting celebrity names, voices, images, and likenesses in an era of rapidly advancing generative AI technology.

A recent trademark lawsuit against Taylor Swift over her album title "The Life of a Showgirl" demonstrates how even global brands face intellectual property challenges. The case, filed by Las Vegas performer Maren Wade, centers on likelihood of confusion and reverse confusion principles that apply to businesses of all sizes navigating trademark strategy and brand protection.

Many businesses have opted to deploy website cookie banners in response to the barrage of litigation under the California Invasion of Privacy Act (“CIPA”).