“Alright, alright, alright” and AI misuse. What this trade mark move means for Australian brands.
Imagine hearing your brand voice used in an ad you never approved. Or seeing a short clip of “you” speaking on social media, even though you never filmed it.
For celebrities, that risk is now very real. For businesses, it is not far behind.
In January 2026, Variety reported that Matthew McConaughey secured eight trade marks in the United States to help protect his voice and likeness against unauthorised AI use, including a sound mark for his delivery of “Alright, alright, alright!”.
This is not just Hollywood gossip. It is a practical example of how trade marks are being used to protect modern brand assets that go beyond a logo.
Below, we break down what happened, what it signals, and what Australian brand owners can do now to reduce AI impersonation risk.
What did McConaughey trade mark?
According to Variety, the filings include:
- a sound mark for the audio of McConaughey saying “Alright, alright, alright!”
- short video clips featuring him
- additional audio clips connected to him and his “Just Keep Livin” branding
Variety also notes that the sound mark description goes into detail about the sound itself, including pitch patterns, and that the lawyers pursued this strategy so there is a clearer pathway to sue in US federal court if needed.
The key takeaway is simple: the trade mark system is being used to draw a legal boundary around identity-based assets that are easy to replicate with AI.
Why this matters for Australian businesses
Most businesses do not face celebrity style deepfakes. But many do rely on assets that are increasingly easy to copy, including:
- a signature tagline used across ads and packaging
- a recognisable audio intro (podcasts, reels, radio, apps)
- a short repeating motion sequence (animated logos, product launch clips)
- a distinctive “brand voice” used in narration and video
In an AI driven market, the question is no longer whether copying is possible. The question is whether your brand protection strategy recognises that these assets have value and can be misused.
Trade marks in Australia can cover more than words and logos
In Australia, trade marks are not limited to business names and logos.
IP Australia explains that trade marks can protect a phrase, colour, sound, smell, picture, movement, aspect of packaging, or any combination of these.
That is important because AI misuse does not always copy your logo. It often copies the “feel” of the brand. Your audio, your motion, your phrasing, and your on-screen style can all become identifiers.
Can you trade mark a sound or a movement in Australia?
Sometimes, yes, but it must be approached carefully.
Sound marks
IP Australia’s Trade Marks Manual explains that a sound mark application must include a graphical representation (which can be a clear written description of the sound, or musical notation where relevant).
Movement marks
IP Australia also recognises movement trade marks, and notes you must include a video file or animation to show the movement in your application.
In practice, the challenge is rarely the category of the mark. The challenge is whether it actually functions as a trade mark.
The real test: are you using it “as a trade mark”?
A trade mark must act as a badge of origin. In other words, it must help the public distinguish your goods or services from someone else’s.
IP Australia’s manual describes “use as a trade mark” as use of the sign as a badge of origin that indicates a connection in the course of trade between the goods and the trader.
That is why many catchy phrases are not registrable. If the phrase is just decorative, descriptive, or used inconsistently, it is harder to show it is truly branding.
The same issue applies to sound and movement. A movement can be memorable, but if customers see it as just “a way of presenting a product” rather than an identifier of your business, it becomes harder to protect.
A practical checklist for brand owners
If you are considering protecting a tagline, sound, or recurring motion, start here:
1. Identify your “non-traditional” brand assets
Ask what customers recognise instantly, even without your logo:
- a repeated tagline
- a consistent intro sound or voice line
- a signature animation or clip style
- a recognisable packaging element
2. Check whether it is distinctive
If you are using generic phrases or common audio cues in your industry, it may not be strong enough to enforce.
3. Make sure it is used consistently
To function as a trade mark, the asset should be used repeatedly and in a way that signals your business as the source.
4. Document your use
If you ever need to enforce, keep evidence such as:
- dated ads and posts
- product packaging and screenshots
- website archives
- brand guidelines showing intended use
5. Choose the right filing strategy
Some brands benefit from a standard word or logo filing only. Others may benefit from an additional filing for sound or movement where the asset is central to recognition. IP Australia’s guidance confirms that applications require an appropriate representation of the mark (including recordings for sound marks where relevant).
Enforcement in an AI world is rarely one tool
Trade marks can be a strong enforcement lever, especially where an AI replica creates confusion about origin, endorsement, or affiliation.
But most effective enforcement strategies are layered. Depending on what is happening, you may also rely on:
- platform takedown processes
- copyright (for original recordings, images, and footage)
- contractual controls (for agencies, influencers, licensees, distributors)
- consumer law style arguments where content implies a misleading connection
McConaughey’s strategy, as reported, is a good reminder that waiting for perfect AI specific legislation is not a brand protection plan. Businesses can still use existing IP tools, but they need to be structured for the way content is shared today.
Final thought
AI makes copying faster, cheaper, and harder to trace. That does not mean your brand assets are unprotectable. It means your strategy needs to match what is actually being copied.
If your brand relies on a phrase, sound, or repeating motion that customers immediately associate with you, it is worth reviewing whether your current trade mark coverage reflects that reality.
About the Author – Alex Murray-Jones
Alex Murray-Jones is a dedicated and detail-oriented paralegal at BrandU Legal with a strong focus on trade mark and intellectual property law. With several years of exposure to IP matters, Alex has developed a comprehensive understanding of trade mark strategy, brand protection, and enforcement in evolving digital environments. He supports the legal team through in-depth research, case management, and precise document preparation, and manages BrandU Legal’s internal trade mark database. Currently studying law, Alex combines practical experience with ongoing academic development, bringing both technical insight and forward-thinking perspective to modern brand protection issues.