Brands, agencies and public fi gures are adapting quickly. Some
celebrities are taking a more structured approach to protecting their personal brand through trade marks and tighter contractual controls. At the same time, marketing teams are building more approval steps into campaign workfl ows so they can check whether AI-generated content could imply a false endorsement, copy a recognisable style too closely or create a misleading impression for consumers. It has long been recognised that a face, a voice, a catchphrase
or even a familiar gesture can be a commercial asset. In a world of synthetic content, those assets need the same strategic protection as any other part of a brand.
Examples marketers should pay attention to T ere are positive use cases as well. Fashion retailer Zalando used deepfake technology featuring Cara Delevingne (with her permis- sion) to generate nearly 300,000 adverts specifi cs to various loca- tions, showing how AI can help scale campaigns effi ciently when the necessary rights and permissions are in place. Coca-Cola’s AI-generated Christmas advertising also showed the
other side of the picture. T e campaign generated major attention, but also criticism from viewers and creative professionals who felt the work lacked authenticity. Even where the legal position is manageable, there is still a commercial judgement to make about audience reaction and brand fi t. Public fi gures are also becoming more deliberate about protecting the elements that make them marketable. Taylor Swift has sought trade mark protection for aspects of her public persona, while sports fi gures such as Cole Palmer and Luke Littler have moved to protect distinctive branding linked to their image and identity. T at matters because the stronger the commercial framework around a persona, the easier it becomes to challenge misuse. T e risk areas are familiar, even if the technology is new. Problems
tend to arise where AI is used in ways that make consumers believe something untrue, such as: ■ fake advertisements ■ unauthorised endorsements ■ cloned celebrity voices ■ manipulated social media campaigns ■ online scams
For advertisers, the consequences can include pulled campaigns,
lost investment, negative press, complaints to regulators and awkward conversations with talent, rights holders or commercial partners. For individuals, it can mean reputational damage and loss of control over assets that have real commercial value.
What brands should be thinking about now Most businesses are looking to take advantage of AI. For marketing teams, the practical question is not whether to use AI, but how to use it responsibly. In most cases that means checking rights and permissions early, being clear internally about approval processes, and pressure testing whether an advert could mislead consumers about who is involved. Individuals or businesses looking to protect their brand assets
or reputation should look at: ■ auditing trade mark portfolios – consider unusual brand identifi ers (like colours, gestures, sounds or slogans)
■ updating endorsement agreements to address AI content ■ monitoring for deepfakes and impersonations ■ implementing rapid takedown procedures
It also means thinking about contracts and governance.
Agreements with talent, infl uencers and agencies increasingly need to deal expressly with AI-generated content, synthetic voice use, editing rights and approval controls. T at may sound operational, but it is now central to brand protection.
The bigger picture AI is not going away, and neither is its appeal to advertisers and businesses in general. T e businesses that will benefi t most are likely to be the ones that combine experimentation with strong judgement and governance. T e legal framework will continue to evolve as well, the UK
Government’s recent Report on Copyright and Artifi cial Intelligence specifically called out the issues with digital replicas and the potential for a new right to combat misuse. If your business is using AI in advertising, or reviewing how to
protect brand assets, endorsements and reputation in this fast- moving area, Howes Percival’s IP team can help.
For more information and advice, contact Stephen Ruse at
stephen.ruse@
howespercival.com or visit
www.howespercival.com
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