Alright Alright Alright? A deeper look into the sensory mark registrations owned by Matthew McConaughey’s company, J.K. Livin Brands, Inc.
The Wall Street Journal, along with several other publications, reported this morning that Matthew McConaughey is “trademarking himself” to combat unauthorized AI deepfakes.
This phrasing is somewhat misleading from a trademark law perspective. These reports refer to eight federal trademark registrations that were approved by the U.S. Patent and Trademark Office (“USPTO”) in 2025. The marks corresponding to these registrations consist of audio and video clips of McConaughey and are owned by J.K. Livin Brands Inc. Thus, the headlines are understandable but should not be confused to mean that people can “trademark themselves” in an undefined sense without association of the mark with goods or services.
This post provides an overview of the registrations corresponding to the above-referenced marks and a brief discussion of these registrations with respect to trademark law misconceptions and as a strategy to fight against deepfakes.
The Registrations
All eight of the relevant registrations are for sensory marks and are owned by J.K. Livin Brands, Inc. This entity is connected to McConaughey although their precise business relationship is unclear. The registrations consist of four sound marks and four motion marks. The goods and services for these marks are, broadly, either entertainment services or downloadable audio-visual media content (defined more narrowly below).
1. Reg. No. 7995852
Mark Description: The mark is a sound. The mark consists of a man saying "JUST KEEP LIVIN', RIGHT?" followed by a pause, "I MEAN" followed by another pause, and ending with "WHAT ELSE ARE WE GONNA DO?"
Services description: Class 041 for “Entertainment services, namely, personal appearances by an actor and celebrity; entertainment services, namely, acting services in the nature of live performances and personal appearances by an actor and celebrity; entertainment services, namely, acting services in the nature of live visual and audio performances by a professional entertainer; entertainment services, namely, film and television show production service”
2. Reg. No. 7893248
Mark description: The mark is a motion mark. The mark consists of the actor Matthew McConaughey with beige face, brown hair and facial hair, blue and white eyes, a black mouth, white teeth, and pink lips, wearing white and sliver glasses and a light blue button down shirt. He is sitting in his living room in front of a white, off-white, and black stone fireplace with gray stones in front of it, with green and white hanging lights, a green Christmas tree with white lights and red decorations and white tree skirt, white cabinets with silver handles, white shelves with a black tv screen and black and brown items on the shelves, a gray pillow on the floor, a side table in black with a white book on top, brown wooden floor, and brown sofa. The motion consists of the actor facing forward with his arms at his sides and head slightly tilted, with his mouth moving. Next, his head slightly tilts to face directly forward, and he smiles. The duration of the motion is approximately 3 seconds.
Goods description: Class 009 for Downloadable audio-visual media content, namely, downloadable audio and video recordings, in the field of self-help, human growth and spirituality; Downloadable audio-visual media content, namely, downloadable audio and video recordings in the field of entertainment featuring television series, comedies, and dramas
3. Reg. No. 8070191
Mark description: The mark is a sound. The mark consists of a man saying "ALRIGHT ALRIGHT ALRIGHT", wherein the first syllable of the first two words is at a lower pitch than the second syllable, and the first syllable of the last word is at a higher pitch than the second syllable.
Goods description: Class 009 for Downloadable audio-visual media content, namely, downloadable audio and video recordings in the field of self-help, human growth and spirituality; Downloadable audio-visual media content, namely, downloadable audio and video recordings in the field of entertainment featuring television series, comedies, and dramas
4. Reg. No. 7995851
Mark description: The mark is a motion mark. The mark consists of the actor Matthew McConaughey with beige face and hands, brown hair and facial hair, white teeth, and black eyelashes, wearing a white button down shirt, silver necklace, silver watch, and silver rings. He is standing outdoors on a porch with brown wooden slats and a silver metal fence, with green trees and bushes, tan sand, white clouds, blue sea, and blue sky in the background. The motion consists of the actor standing and facing forward with his arms raised and palms open. Next, his arms open further wider. Then he glances to the side and places one hand on his hip and lowers the other hand out of the frame, with his body positioned at an angle, and turns his face forward. The duration of the motion is approximately 7 seconds.
Services description: Class 041 for Entertainment services, namely, personal appearances by an actor and celebrity; entertainment services, namely, acting services in the nature of live performances and personal appearances by an actor and celebrity; entertainment services, namely, acting services in the nature of live visual and audio performances by a professional entertainer; entertainment services, namely, film and television show production service
5. Reg. No. 7931810
Mark description: The mark is a motion mark. The mark consists of the actor Matthew McConaughey with beige face and hands, brown hair and facial hair, white teeth, and black eyelashes, wearing a white button down shirt, silver necklace, silver watch, and silver rings. He is standing outdoors on a porch with brown wooden slats and a silver metal fence, with green trees and bushes, tan sand, white clouds, blue sea, and blue sky in the background. The motion consists of the actor standing and facing forward with his arms raised and palms open. Next, his arms open further wider. Then he glances to the side and places one hand on his hip and lowers the other hand out of the frame, with his body positioned at an angle, and turns his face forward. The duration of the motion is approximately 7 seconds.
Goods description: Class 009 for Downloadable audio-visual media content, namely, downloadable audio and video recordings, in the field of self-help, human growth and spirituality; Downloadable audio-visual media content, namely, downloadable audio and video recordings in the field of entertainment featuring television series, comedies, and dramas
6. Reg. No. 7995858
Mark description: The mark is a sound. The mark consists of a man saying "JUST KEEP LIVIN', RIGHT?" followed by a pause, "I MEAN" followed by another pause, and ending with "WHAT ELSE ARE WE GONNA DO?".
Goods description: Class 009 for Downloadable audio-visual media content, namely, downloadable audio and video recordings in the field of self-help, human growth and spirituality; Downloadable audio-visual media content, namely, downloadable audio and video recordings in the field of entertainment featuring television series, comedies, and dramas
7. Reg. No. 7995951
Mark description: The mark is a sound. The mark consists of a man saying "ALRIGHT ALRIGHT ALRIGHT", wherein the first syllable of the first two words is at a lower pitch than the second syllable, and the first syllable of the last word is at a higher pitch than the second syllable.
Services description: Class 041 for Entertainment services, namely, personal appearances by an actor and celebrity; entertainment services, namely, acting services in the nature of live performances and personal appearances by an actor and celebrity; entertainment services, namely, acting services in the nature of live visual and audio performances by a professional entertainer; entertainment services, namely, film and television show production service
8. Reg. No. 7995959
Mark description: The mark is a motion mark. The mark consists of the actor Matthew McConaughey with beige face, brown hair and facial hair, blue and white eyes, a black mouth, white teeth, and pink lips, wearing white and sliver glasses and a light blue button down shirt. He is sitting in his living room in front of a white, off-white, and black stone fireplace with gray stones in front of it, with green and white hanging lights, a green Christmas tree with white lights and red decorations and white tree skirt, white cabinets with silver handles, white shelves with a black tv screen and black and brown items on the shelves, a gray pillow on the floor, a side table in black with a white book on top, brown wooden floor, and brown sofa. The motion consists of the actor facing forward with his arms at his sides and head slightly tilted, with his mouth moving. Next, his head slightly tilts to face directly forward, and he smiles. The duration of the motion is approximately 3 seconds.
Services description: Class 041 for Entertainment services, namely, personal appearances by an actor and celebrity; entertainment services, namely, acting services in the nature of live performances and personal appearances by an actor and celebrity; entertainment services, namely, acting services in the nature of live visual and audio performances by a professional entertainer; entertainment services, namely, film and television show production service
Discussion
Discussions about McConaughey “trademarking himself” may further the erroneous belief that one can trademark a catchphrase or feature by mere virtue of being famous for it. While it’s true that many trademarks are famous and owned by famous people (and indeed, fame can be a factor for several trademark concepts), fame alone does not define a trademark.
Trademarks are devices that act as source indicators. They identify the source’s goods or services and distinguish them from those of others. Trademarks are used in association with goods or services; a device is not a legal trademark unless it is used in this manner. Misconceptions here are understandable. “Trademark” is used colloquially to mean “a feature associated with a person or thing” (i.e. she wore her “trademark” red lipstick). Friends tell each other to “trademark” a catchphrase or feature without realizing they have conflated two different definitions of “trademark.” People misuse the “TM” emoji.
What non-attorneys and non-trademark practitioners should understand in light of the above-referenced registrations and misconceptions, is that McConaughey is not broadly “trademarking” his voice and image. The above marks are limited to the listed sounds and motions of McConaughey for use in association with certain limited entertainment services and downloadable audio-visual content. Further, the use of trademark law as a technique to combat deepfakes is untested in courts, as acknowledged by McConaughey’s attorneys in the Journal’s reporting.
These registrations may be helpful in the short term for McConaughey’s team to file social medial takedown requests (some platforms require trademark registrations for takedowns). However, if McConaughey’s team receives pushback, it’s likely to be an uphill battle for them in court. Confusion based trademark liability theories assess likelihood of consumer confusion with respect to the origin of goods or services. Moreover, non-commercial uses are not actionable as dilution under trademark law. If a third party posts a deepfake of Matthew McConaughey that has no connection to a good or service, it is unlikely that trademark law can be used as a sword under the existing legal framework. Additionally, the defendant in any prospective trademark liability lawsuit is likely to assert that the above-registered marks are not valid trademarks in the lawsuit or as a cancellation proceeding.
We’ll have to wait for guidance from courts to see if these types of sensory marks can be successfully used to fight deepfakes. In the words of Matthew McConaughey, “what else are we gonna do?”