As the UK government acknowledges a delay in digital rights reform, the focus on how individuals can protect their likeness from the rise of generative AI and deepfakes has intensified. In a recent article for The Times, Marks & Clerk Trade Mark Attorney Graeme Murray discusses the evolving landscape of image rights and the "patchwork of protections" that high-profile individuals must currently navigate.
With no dedicated "personal image right" in the UK, many celebrities are turning to trade mark law to safeguard their commercial interests. While the UK Intellectual Property Office has shown a willingness to accept applications for figurative marks involving well-known faces, Graeme highlights that the threshold for success remains high. He notes that the fundamental requirement for protection is that the sign is sufficiently distinctive in relation to the specific goods and services claimed.
The discussion comes at a critical time as other jurisdictions move forward with standalone legislative regimes to address the unauthorized use of digital replicas. As the UK government considers whether to introduce similar safeguards, the reliance on an "incomplete mosaic" of trademark, defamation, and criminal law continues to leave notable gaps in protection for the general public and celebrities alike.
Graeme Murray, a trade mark attorney at Marks & Clerk, says that the key requirement to protecting elements of personality is that the sign for which protection is sought is sufficiently distinctive in relation to the goods and services claimed in the trademark application. While the UK Intellectual Property Office appears willing to accept applications for figurative marks where the faces depicted relate to well-known individuals, Murray suggests that lesser-known individuals may see their applications refused.
