In a growing technologically advanced world, legal issues surrounding AI become more abundant by the week. While some people celebrate over AI developments, many individuals are targeted by such developments leading to emotional, physical, and economic consequences. One group in particular has faced a brunt of the AI harm: celebrities.

Celebrities are the perfect targets because their personal information is publicly available on the internet.[1] The effect of AI deepfakes[2] has put a strain on the artistic control and capabilities of celebrities.[3] Artists like Scarlett Johansson, Cate Blanchett, LeAnn Rimes, and One Republic are backing a campaign to call for more protection against unauthorized use of their name, image, and likeness.[4] As AI continues to grow, one group appears ripe to become the next target of AI abuse: athletes.

In the sports world, an athlete’s brand is an essential part of the success of his or her career off the field. Even non-sports fans recognize brand images of superstar athletes such as Tom Brady, LeBron James, and Lionel Messi. For example, Tom Brady’s off-field brand, “TB12”, allows him to sell a multitude of consumer goods directly to the consumer.[5] “TB12” has even began manufacturing athletic shoes, workout clothes, and sports gear through deals with Under Armour, Molecule Mattress, and Upper Deck.[6] Tom Brady’s entrepreneurship demonstrates that he is not only known for his excellent skills of a quarterback or for throwing a deep ball to an open Randy Moss. Rather, he created a lifestyle using his name, image, and likeness. NIL has given younger athletes, or “the potential next Tom Bradys”, the ability to launch their “brand” early in their career. Since 2021, the NCAA’s new NIL policy has allowed college student athletes to profit from their “lifestyle” brand.[7] NIL is the sports version of allowing athletes to not only get paid for their name but “entitled to have control over how their likeness, biographical information, and identity is exploited for commercial gain.”[8] NIL has caused an explosion in the sports world, allowing athletes to make money before obtaining a professional title, which has allowed for a range of previously prohibited deals such as merchandise, endorsement, social media content, sponsorship, etc.[9] Naturally these kinds of deals involve the use of technology, including AI services.

Outside the sports world, Matthew McConaughey took preventative steps in January 2026 to combat the risks of Artificial Intelligence by trademarking himself, when he registered several of his most famous clips with the United States Patent and Trademark Office.[10] “A trademark identifies the source of your goods or services, provides legal protection for your brand, and helps guard against counterfeiting and fraud. [11] Trademarks allow for enforcement through cease-and-desist letters, trademark infringement claims, platform enforcement, and litigation in federal court. [12] However, trademark protection does not prevent others from using your brand entirely, but only in the manner that it is used. [13] Although Mr. McConaughey has not faced any current manipulation by AI, the issues arising with other celebrities his legal team told WSJ they hope the trademarks will prevent unauthorized AI use.[14]  Trademarking provides people like Matthew McConaughey extra protection from the threat of AI duplicating or distorting the trademarked clips.

Since the implementation of NIL is a new practice, there are still many legal kinks to be worked out.  NIL policy allows the deals between the student and company to be flexible and even include approved AI use.[15] However, there are not clear guidelines on the extent of the AI use or who has the right of publicity or what constitutes proper consent to use AI.[16] AI remains a constant threat to artists including actors, musicians, and even athletes because it uses their image, craft, and unique skills without authorization through fake endorsements, deep fakes, and more.[17] The consequences of AI have destroyed the reputation of celebrities and preyed on their economic value.[18] Celebrities have been facing the drawbacks of AI since its creation so it is only a matter of time before these creators of deep fakes and wrongful endorsements target athletes next. Accordingly, young athletes must be aware of the risks of AI and ensure their NIL deal does not allow manipulation of their brand via Artificial Intelligence. If athletes were to trademark themselves, whether it be an iconic phrase like Wayne Gretzky’s “You miss 100 percent of the shots you don’t take” or a dance move like Dexter Lawrences touchdown dance dubbed “The Sexy Dexy,” athletes could preserve their brand value and have enforcement options in the event of unauthorized use.

Trademarking will send a message to companies that participate in NIL deals that athletes are taking steps to maintain a level of control over their image. This will be encourage them to obtain proper consent from the individual through the NIL contract or a license.[19] The increased necessity for consent and disclosures will cut down on misuse of dissemination of the athlete’s brand and ensure the message conveyed falls in line with the moral integrity of the athlete. While companies may have to spend more money to properly obtain consent, it will likely prevent them from facing endorsement actions by the athlete including costly litigation.

NIL has opened a door of legal complications from AI. Trademarking is one of the best ways to protect the intellectual property of an individual. Young athletes are susceptible to abuse and manipulation by AI companies and brand deals. AI may never be able to recreate the historic athletic ability of the players. However, it will prey on the individual athlete and their brand. The future of NIL is uncertain, and trademarking is the next step for this vulnerable group to combat the whirlwind of Artificial Intelligence.

[1] AI, Advertising & the Right of Publicity: Navigating the Legal Landscape & Related Risks, BLOOMBERG LAW (May 2024), https://www.bloomberglaw.com/external/document/XBLNMJMK000000/copyrights-professional-perspective-ai-advertising-the-right-of-.

[2] A “deepfake” is an AI-generated hyper-realistic image or video of an individual. See Bloomberg Law, supra note 1.

[3] Kilkenny, Katie, One of the First Big Anti-AI Campaigns From Hollywood Is Launching Now, THE HOLLYWOOD REP. (Jan. 21, 2026), https://www.hollywoodreporter.com/business/business-news/celebrities-back-stealing-isnt-innovation-campaign-ai-1236479303/.

[4]  Id.

[5] Kurt Badenhausen, Tom Brady’s Patriots Career Ends, With $350 Million In Earnings On And Off The Field, FORBES (Apr. 10, 2020), https://www.forbes.com/sites/kurtbadenhausen/2020/03/17/tom-bradys-patriots-career-is-done-after-earning-350-million-on-and-off-the-field/.

[6] Id.

[7] NIL (Name, Image, Likeness) Explained, NCSA (Jan. 2026), https://www.ncsasports.org/name-image-likeness.

[8] See Bloomberg Law, supra note 1.

[9] See NCSA, supra note 7.

[10] Kerena Cobbina, Matthew McConaughey trademarks iconic phrase to stop AI misuse, BBC (Jan. 15, 2026), https://www.bbc.com/news/articles/cp87z6vexl3o.

[11] What is a trademark?, U.S. PAT. & TRADEMARK OFF. (USPTO), https://www.uspto.gov/trademarks/basics/what-trademark (last visited Apr. 28, 2026).

[12] Steve Vondran, Celebrities Are Turning to Trademark Law to Protect Their Images and Voices From AI, JD SUPRA (Apr. 1, 2026), https://www.jdsupra.com/legalnews/celebrities-are-turning-to-trademark-1842003/#:~:text=THE%20PROBLEM:%20AI%2DGENERATED%20MISUSE,based%20content%20across%20digital%20platforms.

[13] See USPTO supra note 11.

[14] See Cobbina supra note 10.

[15] See NCSA supra note 7.

[16] See Bloomberg Law, supra note 1.

[17] See Bloomberg Law, supra note 1.

[18] See Bloomberg Law, supra note 1.

[19] See Bloomberg Law, supra note 1.