Blog

Can I Protect My Mark Against AI? Lessons From Taylor Swift’s Trademark Application

Posted by L. Ford Banister, II | May 08, 2026 | 0 Comments

Last April 28, it was reported that Taylor Swift filed new trademark applications to protect the pop star's voice and image from artificial intelligence. Interestingly, this trademark application is different from other celebrities'. In this article, we will discuss what sets this trademark application apart from others and what we can learn from it.

Taylor Swift's Trademark Application History

Taylor Swift has filed multiple trademark applications over the years. Aside from the three recent filings, she had more than 300 trademark applications. These include the terms “Swiftie” and “Taylor's Version.” There are iconic phrases from her songs that Swift trademarked as well such as, “The old Taylor can't come to the phone right now” and “'Cause we never go out of style.” Even her cats, Meredith, Olivia, and Benjamin Swift are trademarked as well.

These trademark applications are mostly classified as merchandise, such as bags, or as audio. As one of the most prominent pop icons, some entities try to profit from Taylor Swift's fame. This is why these trademark applications exist to protect Taylor Swift's image and work.

Taylor Swift's AI Controversies

Taylor Swift is no stranger to AI. In 2024, sexually explicit AI-generated images of her quickly spread on social media platforms. One post was even seen over 47 million times before its removal. Although actions were taken after the incident, including legislation protecting people from being victimized by AI, Swift continues to be victimized by AI copycats.

The same year the sexually explicit AI images came out, Swift's voice and likeness were used to promote a cookware set. She was also used by scammers to collect personal data on social media and in electoral propaganda.

AI Mimicking Musicians

As AI continues to grow, more artists are becoming victimized by AI copycats. British folk musician Emily Portman was one of the musicians who fell victim to AI-generated fraudulent tracks. In 2025, Portman received a message from a fan congratulating her on her new album, even though she hadn't released one since 2022. It was then she discovered that AI was used to mimic her instrumentation and lyrics.

Although she couldn't identify the perpetrators, Portman believes she knows how they operate. According to her, these scammers would claim to be the artist and approach distribution companies who would then upload the songs online without verifying. These scammers would earn royalties from the songs they claim to be the artists'.

This is not an isolated incident. In fact, 200 artists, including Nicki Minaj and Billie Eilish, are speaking out against the “predatory” use of AI in the music industry. In their letter, they said that they must “protect against the predatory use of AI to steal artists' voices and likenesses.”

Trademark Against AI

In response to the issues caused by AI copycats, Taylor Swift files “soundmarks” to protect her voice. Although this kind of filing is still relatively new, a professor of media law stated that this “sends a strong signal to any would-be infringers that they take their publicity rights seriously and won't hesitate to enforce them.” 

While it is considered a step forward towards protecting an artist's likeness from AI, this specific soundmark filed by Swift appears unlikely to be adopted because of the trademark law's reach.

What the Law Says About Soundmarks

Sounds have attributes that can become strong trademarks. Examples of those are Pitbull's "yell" or NBC's "chime." These distinct sounds naturally trigger associations with concepts and may last a lifetime, which is why it is expected that these sounds can be trademarked. However, for a sound to be trademarked, it must be considered distinct enough by the USPTO.

In the case of Taylor Swift, the sounds she is trying to trademark are different. It doesn't have the identifiable “marks” to qualify under the Trademark Law. While her intent to trademark her voice to protect herself against AI is remarkable, this can have an adverse effect on other people who have similar voices to hers.

Regardless, this act toward brand protection is a necessary step for artists. As AI technology continues to grow, so do the chances of scammers and AI copycats. This is why utilizing the law to protect one's intellectual property rights is necessary. 

If you need a law firm with deep experience in brand protection and enforcement, contact Ford Banister LLC.

About the Author

L. Ford Banister, II
L. Ford Banister, II

Principal Attorney at Ford Banister, LLC

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Menu