Memes as Trademarks: Why Matthew McConaughey's Applications Approved by the US Patent Office Are Changing the Rules of the Game

1. Personal Brand in the Age of AI: From Reputation to Object of Law

The development of generative artificial intelligence, deepfakes, and synthesized speech has posed a fundamentally new question before the law: how to protect a person's name, image, and voice when they can be reproduced without the participation of the bearer themselves? Classic tools — copyright, right to image, and norms on unfair competition — increasingly prove insufficient.

It is in this context that the step taken by Hollywood actor Matthew McConaughey should be considered, who filed and received approval from the US Patent and Trademark Office (USPTO) for registration of a series of trademarks covering not only verbal elements but also visual-audio fragments that have become internet memes.

This concerns, in particular:

• the iconic phrase "Alright, alright, alright";
• short video clips featuring the actor, widely disseminated online;
• visual images unambiguously associated with McConaughey and used in digital content.

Thus, the object of legal protection becomes not just a word or image, but a recognizable element of personal brand.

2. Why Trademark and Not Copyright

At first glance, it may seem that such phrases and video fragments would be more logically protected by copyright. However, in the American legal system, copyright has significant limitations:

• it does not cover short phrases and expressions;
• protection does not always extend to the use of image in a commercial context;
• it is more difficult to prove infringement when content is processed by neural networks.

A trademark, on the contrary, provides other advantages:

• protection is aimed at preventing commercial use without the consent of the right holder;
• there is no need to prove the creative nature of the object;
• the mark can protect the association "image — source of goods or services";
• legal protection operates as long as the mark is used and renewed.

That is why registering memes as trademarks becomes an effective barrier against the use of the actor's image in advertising, NFT projects, AI applications, games, and metaverses. Learn more about trademark registration strategies.

3. Hollywood Context: From Private Cases to Systemic Conflict

McConaughey's actions are not an isolated episode. In recent years, a stable practice has formed in the US of registering "personal elements" of celebrities:

• Paris Hilton registered the phrase "That's hot";
• Charlie Sheen attempted to register more than 20 of his catchphrases;
• Kim Kardashian, Taylor Swift, and other public figures systematically protect elements of their personal brand through trademarks.

Parallel to this, professional actors' guilds (in particular, SAG-AFTRA) are actively promoting legislation aimed at restricting the use of digital copies of appearance and voice without a person's consent. The Hollywood strikes of 2023–2024 clearly showed that the AI issue has ceased to be theoretical and directly affects the economic interests of the industry.

While federal regulation is in the stage of formation, trademarks are becoming a temporary but effective legal shield.

4. Meme as Legal Asset, Not "Folk Creativity"

The key shift lies in rethinking the nature of memes. If previously a meme was perceived as a result of spontaneous internet creativity, today it:

• has commercial value;
• is used in advertising and promotion;
• influences reputation and audience trust;
• can be embedded in AI products without the knowledge of the original source.

Registering memes as trademarks fixes the boundary between permissible non-commercial use and exploitation of someone else's image in business. In effect, this is about protecting the economy of trust and identity.

5. Russian Perspective: Legal Vacuum and Growing Demand

In Russian law, there is currently no separate law regulating the creation and distribution of deepfakes. Protection is possible fragmentarily — through:

• the right to a citizen's image;
• norms on protecting honor, dignity, and business reputation;
• copyright;
• legislation on advertising and unfair competition.

However, these tools are poorly adapted to the reality of generative AI. According to data from the St. Petersburg International Legal Forum, more than half of Russians (54%) consider special legislative regulation of deepfakes necessary, which indicates a formed public demand.

In these conditions, foreign practice of registering personal memes as trademarks can become a guideline for Russian right holders as well — primarily for public figures, bloggers, and companies working with personal brands. Our international IP protection services help navigate both US and Russian trademark systems.

6. Conclusions: Personality as Brand and Object of Protection

The Matthew McConaughey case demonstrates a fundamental shift: the personality of a public person ceases to be exclusively a sphere of creativity and self-expression. It is transformed into a structured legal asset, comparable to a trademark, commercial designation, or corporate identity.

Registering memes and phrases is not a fight against internet humor, but an attempt to establish rules in a new digital environment where the boundaries between a real person and their digital double are rapidly blurring.

For business and right holders, this case serves as a signal: protection of intangible assets must outpace technologies, not catch up with them. Otherwise, a personal brand may be monetized by anyone — except its owner.