Generative artificial intelligence ('GenAI') is a general term used to describe automated systems able to generate complex content of a variety of types - which may include natural language, images or audio - in response to an input prompt. Many GenAI systems are built using models which have been trained using very large volumes of pre-existing content, with the aim of learning statistical patterns in this material. GenAI applications have become extremely accessible and popular in mainstream use, with over 60% of the population in the US (for example) now utilising such services[1], which include familiar examples such as OpenAI's ChatGPT, Google Gemini, image generators such as Midjourney, and coding assistants like GitHub Copilot.
In the world of online brand protection, AI capabilities are now extensively used both by infringers and by brand protection service providers. For bad actors, GenAI can readily be used in the creation of highly convincing infringing content, such as phishing e-mails[2], fake websites, and malicious files. Whilst GenAI can significantly lower the technical entry barrier to (and increase the speed of) the generation of fraudulent content, in many cases it does not necessarily change the types of infringements which are produced. However, some newer areas, such as the generation of 'deepfake' content (i.e. artificially generated video or audio content intended to impersonate a trusted individual), or the creation of highly convincing fake identity documents, are only possible through the use of GenAI. Such content has extensively been observed as being utilised in executive impersonations and payment-transfer scams[3], and in identity theft.
AI-generated content is increasingly being seen to be utilised by bad actors in a wide variety of other ways. For example, in the counterfeit goods trade, imagery containing legitimate product features, serial numbers and other relevant characteristics can readily be generated for use in marketplace listings or in product packaging, as a means of falsely creating an appearance of authenticity and bypassing basic legitimacy verification checks. AI image generation and automated listing tools are also being used in the creation of merchandise featuring protected intellectual property, via print-on-demand services[4].
One of the trickiest areas to address by brand owners and service provides is the use of deepfake videos and voice clones for the promotion of counterfeit items. This issue is particularly relevant given the popularity of influencer partnerships in promoting branded goods, and can be applied across multiple popular emerging channels increasingly used for e-commerce, including short-form video platforms and messaging apps.
In general, the maintenance of a robust portfolio of intellectual property (IP) is key to an effective enforcement programme, with a demonstration of rights being essential for successfully actioning the takedown of infringing content - and, conversely, proactive brand protection can often be a prerequisite for retaining IP protection. IP traditionally encompasses a range of different types of rights, including trademarks (in relevant product and service classes, and in specific jurisdictions), copyright, patent and design rights. Trademarks - which are signs, designs, etc. serving as an identifier of product origin - can themselves be of a number of types; most commonly they cover word-marks or logos, but it is also possible for other distinctive characteristics such as colours, sounds and even smells to be covered.
Many celebrities and other key figures are increasingly becoming aware of the value of their personal 'brands' - particularly in the era of deepfake threats - and are beginning to explore the process of registering distinctive personal characteristics as trademarks. High-profile examples include the registrations by Taylor Swift of a range of marks including her stage name, album titles, lyrics, sound snippets, voice and likeness[5], and applications by footballer Cole Palmer for a portrait mark and a celebration mark (comprising a video of his goal celebration[6], already registered as a motion mark[7]), in addition to his name, nickname and signature, intended to prevent commercial misappropriation and open up possibilities for licensing deals[8,9]. These developments follow on from other previous noteworthy stories, such as the registrations by footballers Jude Bellingham, Kylian Mbappé and Gareth Bale of their names and celebrations, and the gaining of IP protection by athlete Usain Bolt of his 'lightning bolt' pose.
These concepts are of particular relevance in the absence of dedicated image rights laws in jurisdictions such as the UK, resulting on a reliance for protection from impersonation on (generally lower reliability) concepts such as passing off (which applies only to high-profile individuals), privacy, data protection, and copyright (which applies only to e.g. a photograph, rather than the individual portrayed).
Whilst the stories discussed above do highlight an increasing appreciation of the key role of IP protection, they do raise some questions on the enforceability of non-traditional trademarks, their ability to function as an indicator of origin (rather than simply being descriptive), and on the circumstances in which these types of rights might be exercised. However, the attempts by various celebrities to protect specific personal characteristics has proven valuable in increasing public awareness of their reputations and profiles, and highlights the importance of a carefully considered approach to the construction of a robust but effective portfolio of rights.
References
[1] https://www.genaiadoptiontracker.com/
[2] https://www.vectra.ai/topics/ai-scams
[3] https://www.ic3.gov/PSA/2024/PSA241203
[4] https://snapdragon-ip.com/black-friday-brand-protection-guide-resource/
[5] https://esquiretrademarks.com/how-many-trademarks-does-taylor-swift-have/
[6] https://www.youtube.com/shorts/jDzJ7QECUzo
[7] https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00004129108
This article was first published on 25 September 2026 at:
A modified version was originally published on on 25 August 2026 at:
https://snapdragon-ip.com/the-top-generative-ai-tactics-used-by-counterfeiters-and-why-ip-matters/
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