NIL in Trademark Law: Name, Image, and Likeness + Voice Protection
There’s been a lot of discussion recently regarding Name, Image, and Likeness (NIL). Specifically, this has been a big deal in collegiate athletics, where decision-makers have been weighing whether or not it’s a good idea for college students to monetize their own NIL. Many public figures trademark important and notable aspects of their NIL to protect their personal brand and potential for monetization.
One thing that comes up less frequently in those considerations is NIL and the sound of your voice. Whether a person can trademark the sound of their voice is currently a legal gray area with no definitive answer.
The case of Scarlett Johansson suing an AI app developer for using a near-identical voice without permission highlights this uncertainty.
Here's what we know:
Traditional trademarks protect distinctive words, phrases, symbols, and logos.
Voices are not explicitly listed in trademark law.
However, a voice can be considered a "sound mark" if it is distinctive and identifies the source of goods or services.
In the case of Johansson v. AI Technologies, Inc., the key question is whether the AI-generated voice is sufficiently similar to Johansson's natural voice. If the court finds that the two voices are indistinguishable, it would likely rule in favor of Johansson, establishing a precedent for voice trademark protection.
Factors that could influence the court's decision
The distinctiveness of the voice: Celebrities and public figures with highly recognizable voices may have a stronger case for trademark protection. Think James Earl Jones (Darth Vader) or Morgan Freeman (March of the Penguins).
The intended use of the voice: If the voice is used in a commercial context, contrary to parody or satire, it is more likely to be considered trademark infringement.
The impact on the voice owner: If the unauthorized use of the voice harms the voice owner's reputation or economic interests, it is more likely to be considered infringement.
While the legal landscape surrounding voice protection is still evolving, it is clear that individuals with distinctive voices have the potential to protect them through trademark law. However, the success of such claims will depend on the specific circumstances of each case.
Additional Considerations for NIL Trademarks
Trademarks must be used in commerce: You must actually use your voice in connection with the sale of goods or services.
Trademarks must be distinctive: Your voice must be unique and recognizable.
Trademarks cannot be generic or descriptive: You cannot trademark the sound of a generic voice or a voice that describes your profession.
Frequently Asked Questions
Q1: Can someone trademark their voice under NIL?
A: Yes, if the voice is distinctive and used commercially, it may qualify as a sound mark.
Q2: Does having NIL automatically grant trademark rights?
A: No. NIL rights provide control over identity, but trademarks require registration and proof of commercial use.
Q3: How can ThornCrest help with NIL and trademark protection?
A: ThornCrest offers trademark registration, monitoring, and enforcement, helping protect names, images, and voices.
Protect Your NIL Assets with ThornCrest
Understanding how NIL intersects with trademark law is essential for protecting personal branding and intellectual property. ThornCrest helps individuals and businesses safeguard their name, image, and voice with expert trademark services. Contact us to discuss how we can protect your brand.
