Vondran Legal® - California Entertainment and AI Music Lawyer - Has AI Changed Trademark Law?
By Attorney Steve® | Vondran Legal® – Intellectual Property & Entertainment Lawyers
Can You Really Trademark Your Voice?
Artificial intelligence has created a legal problem that hardly existed just a few years ago.
Today, AI can generate music, imitate celebrity voices, create convincing podcast interviews, produce fake endorsements, and even recreate the unique vocal characteristics of famous singers and entertainers with remarkable realism. The technology is improving almost daily, leaving celebrities, musicians, actors, influencers, broadcasters, and content creators wondering:
How do you stop someone from stealing your voice?
Historically, the answer has involved a combination of copyright law, trademark law, the right of publicity, unfair competition, and false endorsement claims under the Lanham Act.
But a new trend is emerging.
Several high-profile entertainers—including the Backstreet Boys—are attempting to register distinctive spoken phrases as federal sound trademarks, hoping to create another layer of protection against AI voice cloning and unauthorized commercial impersonation.
The question is whether this strategy will work.
Let's take a closer look.
Why Are Singers Trying to Trademark Their Voices?
The short answer is:
Because AI has fundamentally changed the risk landscape.
For decades, celebrity impersonators generally appeared in comedy shows, stage performances, or television skits. While some legal disputes arose, large-scale commercial cloning simply wasn't technologically feasible.
Today, almost anyone can upload a few minutes of audio and generate convincing AI speech that sounds remarkably like a famous performer.
Examples include:
-
Fake concert announcements
-
Unauthorized advertisements
-
AI-generated podcasts
-
Fraudulent endorsements
-
Political messaging
-
Deepfake interviews
-
AI music recordings
Even worse, these recordings can spread worldwide within hours.
Traditional legal remedies often require lengthy litigation.
Artists are therefore looking for legal tools that may allow them to remove infringing content more quickly through online platform enforcement systems.
A federal trademark registration may become one of those tools.
The Backstreet Boys' Trademark Strategy
Recent reports indicate that the Backstreet Boys have filed an application seeking to register a specific spoken introduction, essentially:
"Hi, we're the Backstreet Boys."
Notice something important.
They are not attempting to register ownership over every possible use of their voices.
Instead, they are seeking trademark protection for a distinctive sound that consumers immediately associate with the famous musical group.
That distinction matters.
Trademark law protects source identifiers, not voices generally.
What Is a Sound Trademark?
Most people think of trademarks as:
-
Logos
-
Brand names
-
Company names
-
Slogans
However, the Lanham Act also allows registration of nontraditional trademarks, including sounds.
A sound may qualify as a trademark when consumers recognize it as identifying the source of goods or services.
In other words:
"When people hear this sound, they know exactly who it comes from."
The sound must function much like a logo.
Traditional Requirements for Registering a Sound Trademark
Like any trademark, a sound mark must satisfy several important legal requirements.
1. The Sound Must Identify the Source
The primary purpose of trademark law is to identify who is providing the product or service.
The sound cannot merely be entertaining.
It must indicate commercial origin.
2. The Sound Must Be Distinctive
Distinctiveness is essential.
Some sounds are considered inherently distinctive.
Others become distinctive only after years of consumer recognition (known as acquired distinctiveness or secondary meaning).
The more famous the sound, the stronger the trademark claim.
3. The Sound Cannot Be Functional
Trademark law does not protect sounds that are necessary for the product itself.
For example:
-
Alarm beeps
-
Standard warning tones
-
Functional machinery noises
These generally cannot serve as trademarks because competitors need to use them.
4. Consumers Must Associate the Sound with One Source
The USPTO examines whether the public immediately connects the sound with a single commercial source.
Evidence may include:
-
Advertising
-
Sales
-
Consumer recognition
-
Media coverage
-
Length of use
-
Promotional expenditures
5. The Applicant Must Submit an Audio Recording
Unlike traditional trademarks, sound marks require:
-
an audio specimen,
-
a written description of the sound,
-
and evidence showing trademark use in commerce.
Five Famous Sound Trademarks
Many consumers already recognize famous sound marks without realizing they are federally protected trademarks.
1. NBC's Three Chimes
Perhaps one of the oldest sound trademarks in America.
The familiar three-note chime has identified NBC broadcasts for generations.
2. MGM's Lion Roar
Few sounds are more recognizable than the roaring lion appearing before MGM motion pictures.
For decades, audiences have associated the roar with Metro-Goldwyn-Mayer.
3. Intel's Five-Note Audio Logo
The famous Intel audio signature has become one of the most recognized sonic brands in technology.
Millions hear it every day in television commercials and online advertising.
4. Netflix's "Ta-Dum"
The short startup sound played before Netflix programming has quickly become one of the world's most recognizable modern sound marks.
5. The 20th Century Studios Fanfare
The famous orchestral introduction heard before countless motion pictures functions as a valuable source identifier and represents decades of branding investment.
Could This Strategy Help Fight AI Voice Cloning?
This is where things become fascinating.
Suppose someone creates an AI-generated advertisement that sounds exactly like the Backstreet Boys promoting a product they never endorsed.
Traditional claims might include:
-
Right of publicity
-
False endorsement
-
Unfair competition
-
State consumer protection laws
But if the group also owns a federally registered sound trademark for their distinctive spoken greeting, they may argue that the unauthorized AI recording creates consumer confusion regarding sponsorship or endorsement.
Even if the trademark doesn't solve every AI problem, it could become another valuable enforcement tool.
Will This Actually Work?
The honest answer is:
Nobody knows yet.
The legal theory is relatively new.
Several important questions remain unanswered.
Does registration of one spoken phrase protect similar AI-generated speech?
Maybe.
Maybe not.
Trademark rights generally extend beyond identical copies and prohibit confusingly similar uses.
However, courts have not yet decided how these traditional trademark principles apply to AI-generated voices.
Will online platforms recognize these registrations?
Possibly.
Many major technology companies already process trademark takedown requests.
If platforms begin recognizing registered sound marks in the AI context, celebrities may obtain faster enforcement without filing lawsuits.
Will courts view AI-generated voices as trademark infringement?
That remains to be seen.
Future litigation will likely explore:
-
consumer confusion,
-
sponsorship,
-
endorsement,
-
dilution,
-
false advertising,
-
and the interaction between trademark law and state publicity rights.
The next several years could significantly reshape trademark law in the AI era.
Trademark Law Is Evolving
Artificial intelligence is forcing courts to answer questions that lawmakers never anticipated.
Can someone's voice function like a logo?
Can AI-generated speech create trademark confusion?
Can celebrities use trademark law to protect their digital identities?
These questions are no longer hypothetical.
They are already arriving at the USPTO—and eventually, they will reach the federal courts.
How Vondran Legal Can Help
Our intellectual property and entertainment law practice assists businesses, creators, musicians, filmmakers, software companies, influencers, athletes, and entrepreneurs with a wide range of legal issues, including:
Intellectual Property Services
-
Trademark registration and prosecution
-
Trademark clearance opinions
-
Trademark monitoring and enforcement
-
Trademark infringement litigation
-
False endorsement and Lanham Act claims
-
Copyright registration
-
Copyright infringement litigation
-
DMCA takedown notices and counter-notices
-
Trade secret protection
-
Brand protection strategies
-
Licensing and assignment agreements
Entertainment Law Services
-
Music industry counseling
-
Artist agreements
-
Producer agreements
-
Recording contracts
-
Publishing agreements
-
Influencer agreements
-
Podcast legal issues
-
Film and documentary legal review
-
Right of publicity claims
-
NIL (Name, Image & Likeness) agreements
-
Celebrity endorsement agreements
-
AI and deepfake legal counseling
-
Social media disputes
-
Content creator legal guidance
AI & Emerging Technology
As artificial intelligence continues transforming the entertainment industry, our firm assists clients with:
-
AI voice cloning disputes
-
Deepfake investigations
-
Unauthorized AI-generated endorsements
-
AI copyright issues
-
AI trademark strategy
-
Platform enforcement
-
Digital identity protection
-
Emerging AI litigation
Need Help Protecting Your Brand or Creative Works?
Whether you are an artist, musician, content creator, entrepreneur, athlete, software company, or established business, protecting your intellectual property has never been more important.
If you have questions about trademarks, copyrights, AI-generated content, right of publicity, or entertainment law, contact Vondran Legal® to discuss your legal rights and enforcement options.
Attorney advertising. Prior results do not guarantee similar outcomes. This article is provided for informational purposes only and does not constitute legal advice.
