Celebrities weaponize trademark law to privatize identity amid AI’s erosion of public domain
Original framing: “Can you trademark identity? The new legal strategy celebrities are using against AI” — The Conversation - Global
If this legal strategy succeeds, it could lead to a dystopian scenario where corporations own the rights to historical figures, fictional characters, and even archetypes. Future AI systems might require licenses to generate content based on any recognizable identity, further entrenching corporate control over culture. This could stifle creative expression and reinforce power imbalances in the digital economy.
The legal strategy of trademarking identity reflects a broader capitalist tendency to privatize what was once communal, a pattern traceable to the enclosure of common lands and the commodification of labor.
This approach exploits the ambiguity of intellectual property law, turning a tool meant to prevent consumer confusion into a mechanism for cultural enclosure. The historical parallels are stark: just as corporations once claimed land and resources, they now seek to own the very essence of personhood, with AI acting as the latest extractive technology. Yet this strategy is not inevitable—it is a choice, one that clashes with indigenous epistemologies, artistic traditions, and the scientific understanding of identity as fluid and relational. The solution lies in rebalancing power through public domain protections, communal frameworks, and mandatory compensation, ensuring that identity remains a shared inheritance rather than a corporate asset. The trickster’s laughter reminds us that the law’s solemnity often conceals absurdity; by inverting the narrative, we can reclaim identity from those who would trademark it.