Trademark Law Can Bolster NIL Protections Against Unauthorized AI Use
In-house counsel for sports leagues, talent management firms and consumer brands with NIL-dependent assets must act because unregulated AI scraping of name, image and likeness content creates widespread, unaddressed infringement risks for valuable assets.
Existing U.S. trademark law can fill gaps in state-level name, image and likeness (NIL) right frameworks that have not kept pace with AI-driven content scraping. Claims for likelihood of confusion, false endorsement and trademark dilution may apply when AI tools generate or distribute content using protected NIL without authorization, even in states with limited NIL statutory protections. In-house counsel should audit NIL asset portfolios for registrable trademark elements, update licensing agreements to explicitly restrict AI use of NIL, and evaluate potential trademark claims against parties exploiting unlicensed NIL via AI.