As part of the surge of public figures applying for trade marks for their faces, catchphrases and overall likenesses to combat the rise in AI and deep-fake usage, the EUIPO has now received its first trade mark application specifically to protect against AI and deep-fakes from Italian singer Giusy Ferreri.
Ferreri’s application is a sound mark of her own voice saying the phrase ‘SONO GIUSY FERRERI’ (translating from Italian to English as ‘I am Giusy Ferreri’) in class 9, for goods such as audiobooks and various physical music formats, and class 41, for services such as music format rentals, hosting and organising concerts and publishing printed matter (both tangible and online).
While the rise in these sorts of applications in the US has is being considered a sensible and pragmatic approach to prevent the misuse of likenesses, European trade mark practitioners have scrutinised whether the EUIPO was actually at liberty to accept the application for publication. For instance, questions have been raised as to whether the application is descriptive of the goods and services applied for, being that it is Ferreri’s own voice and could be seen as the contents of those goods and services. Another argument raised is whether the mark, once registered, would actually serve its intended purpose as, in theory, the mark would only protect Ferreri’s voice speaking the phrase ‘SONO GIUSY FERRERI’, and not just her voice as a broad catch-all.
It appears to be agreed upon by trade mark practitioners that while a trade mark registration is protective, it should then be combined with other forms of intellectual property protection, such as copyright in performances or text works, to create a practical means of enforcement against AI and deepfakes. Failing this, Ferreri’s trade mark, if registered, may only be part of the solution of a wider issue.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
