NIL Matters: Do you know your rights?

POSTED BY‍ ‍Joy Durand, Allison N. Berk

As the newly crowned NCAA basketball national champions make their media rounds, you might think that NIL is just about athletes getting paid to play. But NIL is a legal concept that encompasses an individual's right of publicity and allows all individuals, not just student-athletes, to control and profit from the commercial use of their identity

NIL, short for Name, Image, and Likeness, has grown far beyond endorsement deals for athletes. It’s about the core pieces of your identity: your name, your face, your voice, and the ways you present yourself to the world. In a digital world where anyone can build an audience (or be impersonated by AI), those things have real value for everyone.

On March 26, 2026, the U.S. Patent and Trademark Office (USPTO) launched a new resource page that centralizes guidance on navigating name, image, and likeness in connection with trademarks and related intellectual property issues. This is a helpful first stop for understanding how branding and trademark registrability intersect with NIL—and why intellectual property strategy matters when your identity is part of your business.

For decades, NIL rights were mostly associated with celebrities. But the internet changed that. Today, anyone can build an audience, create content, or have their image shared widely—sometimes without their knowledge. Therefore, NIL matters even if you’re not signing endorsement deals.

Whether you’re posting on social media, running a small business, or simply appearing in photos your friends share, your identity is out there. NIL gives you a framework for understanding when and how others can use it. Additionally, artificial intelligence (“AI”) tools can now generate realistic images, voices, and videos. That means your likeness can be imitated or misused more easily than ever.

You may have heard that Matthew McConaughey recently filed multiple federal trademark applications tied to his identity. Why does this matter? Because such filings highlight a strategy to safeguard his identity and its commercial value. McConaughey’s attorneys have said that the registrations are meant to combat unauthorized AI apps or users from simulating McConaughey’s voice or likeness without permission.

It's important to note, however, that while NIL rights and trademark rights are related, they’re not the same. NIL protects your identity itself—your name, face, voice, and other personal attributes. Trademarks protect your brand—the source of your goods or services. For many people, the strongest protection comes from utilizing both legal protections where possible. If you’re building a business, creating content, and using your persona as a brand in association with a particular product or service (e.g., CONAN O’BRIEN NEEDS A FRIEND for podcast services), a trademark or service mark registration can help you control how your name, logo, or other brand elements are used in commerce.

NIL is no longer just a sports‑law buzzword. It’s a practical concept that affects anyone who participates in the modern digital world. Whether you’re a student, an athlete, a professional, a creator, or a business owner, your identity has value. Understanding NIL helps you protect that value, make informed decisions, and avoid problems down the road.

For more information about NIL and trademarks/service marks or to discuss intellectual property strategies with our Intellectual Property team, reach out to Joy Durand or Allison N. Berk.