[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10025 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10025

  To amend the Trademark Act of 1946 to clarify the applicability of 
 Federal trademark law in the area of digital replicas of identifying 
        characteristics of individuals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2026

   Mr. Issa introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Trademark Act of 1946 to clarify the applicability of 
 Federal trademark law in the area of digital replicas of identifying 
        characteristics of individuals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Abuse of Digital Replicas 
Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Recent advances in artificial intelligence (AI) 
        technology, including generative AI technology, represent an 
        important opportunity for continued technological leadership by 
        the United States in a critical and emerging technology area.
            (2) Leadership in AI development will be vital for the 
        United States economy and the competitiveness of American 
        businesses abroad, as well as for the national security of the 
        United States.
            (3) Excessive regulation of AI technology development and 
        applications would hinder their advancement and place the 
        United States at a disadvantage compared to strategic 
        competitors, including the People's Republic of China.
            (4) AI technology and its myriad applications are already 
        subject to numerous existing laws and regulations, including at 
        the Federal level, which should be considered when determining 
        whether further legislation or regulation is necessary.
            (5) AI technology is already starting to transform numerous 
        industries, create new industries and markets, and contribute 
        to countless new products and services that benefit American 
        consumers and consumers abroad, including with respect to 
        health care, communications, transportation and mobility, 
        education, and entertainment.
            (6) While AI technology will provide many benefits to 
        Americans, it also presents significant risks to individuals 
        and society in general, one of which is the abuse of 
        ``deepfakes'' and other digital replicas.
            (7) The internet is already plagued with countless 
        advertisements and other media using unauthorized, AI-generated 
        digital replicas of individuals to falsely imply those 
        individuals' endorsement of various products, services, 
        businesses, and other entities.
            (8) Abusive use of an unauthorized digital replica to 
        fraudulently ascribe endorsement or other statements to a 
        person without his or her knowledge or consent can cause 
        tremendous distress and inflict serious harm on that person as 
        well as his or her reputation, dignity, and livelihood.
            (9) False endorsements, advertisements, or other commercial 
        speech or promotion using unauthorized AI-generated digital 
        replicas can also cause substantial confusion and harm to 
        consumers, including by fraudulently inducing them to purchase 
        and use dangerous products that pose risks to their health and 
        safety based on the consumers' mistaken belief that a trusted 
        individual endorsed the products.
            (10) Section 43 of the Trademark Act of 1946 already 
        provides a cause of action for the improper use in commerce of 
        a replica of a person's name, image, likeness, signature or 
        device, voice, logo, etc.
            (11) Some individuals have encountered difficulties in some 
        jurisdictions in protecting their rights via section 43, such 
        as due to their lack of general fame or their lack of the 
        resources necessary to gather sufficient evidence of consumer 
        confusion, as may be required under the case law of certain 
        jurisdictions.
            (12) Due to the seriousness of the potential harms and the 
        high risk of consumer confusion when the prohibited activity 
        involves the use of an identical or indistinguishable digital 
        replica of an individual's face or voice or other identifying 
        personal characteristics, the amendments to section 43 of the 
        Trademark Act of 1946 in this Act are necessary to provide 
        protection against such abuses throughout the country.
    (b) Sense of Congress.--It is the sense of Congress that the 
Trademark Act of 1946 should remain constrained to its historical 
scope, prevent the improper recapture of works in the public domain, 
and avoid conflicting with copyright laws that govern primarily 
creative expression, including when aided by AI technology such as in 
films depicting historical figures or music that samples preexisting 
audio.

SEC. 3. APPLICABILITY OF FEDERAL TRADEMARK LAW IN THE AREA OF DIGITAL 
              REPLICAS OF IDENTIFYING CHARACTERISTICS OF INDIVIDUALS.

    (a) In General.--Section 43(a) of the Trademark Act of 1946 (15 
U.S.C. 1125) is amended by adding at the end the following:
            ``(4) In a civil action brought pursuant to paragraph 
        (1)(A), the court shall apply a rebuttable presumption that the 
        use is likely to cause confusion, or to cause mistakes, or to 
        deceive as to the affiliation, connection, or association of 
        such person with another person, or as to the origin, 
        sponsorship, or approval of his or her goods, services, or 
        commercial activities by another person, if--
                    ``(A) the claim asserted under paragraph (1)(A) is 
                for a use of a digital replica by a person on or in 
                connection with any goods or services, or any container 
                for goods; and
                    ``(B) the person bringing the civil action 
                expressly invokes the rebuttable presumption in a 
                pleading.
            ``(5) The rebuttable presumption in paragraph (4) shall not 
        be available in a civil action brought pursuant to paragraph 
        (1)(A) for the use of a digital replica on or in connection 
        with any goods or services, or any container for goods--
                    ``(A) for any claim asserted under paragraph (1)(A) 
                for indirect liability;
                    ``(B) if the use is in an expressive work or in 
                promotional material for that expressive work; or
                    ``(C) if the use is otherwise protected by the 
                First Amendment to the Constitution of the United 
                States.
            ``(6) With the exception of relief sought under sections 32 
        and 43(c) of this Act, section 501 of title 17, and section 271 
        of title 35, a person may not seek relief under any other 
        provision of Federal, State, local, or municipal law for any 
        use of a digital replica for which the person files a civil 
        action asserting liability under this section and expressly 
        invokes the rebuttable presumption in paragraph (4) in a 
        pleading.
            ``(7) This subsection shall be considered a law pertaining 
        to intellectual property for the purposes of section 230(e) of 
        the Communications Act of 1934 (47 U.S.C. 230).
            ``(8) In this subsection--
                    ``(A) the term `digital replica' means a computer-
                generated representation that is identical to, or 
                substantially indistinguishable from, an identifying 
                characteristic of a subject person, who at the time of 
                the use of the representation is a living individual 
                human being, where--
                            ``(i) the identifying characteristic is an 
                        image, voice, or likeness of the subject 
                        person, which is distinctive to the subject 
                        person such that the use of such characteristic 
                        is likely to be associated with the subject 
                        person and no other person by reasonable and 
                        ordinary participants in the relevant industry 
                        or market; and
                            ``(ii) based on the representation itself, 
                        it is apparent to reasonable and ordinary 
                        participants in the relevant industry or market 
                        that the purpose of the representation, in 
                        whole or in part, was to duplicate the 
                        identifying characteristic of the subject 
                        person; and
                    ``(B) the term `relevant industry or market' means 
                the industry or market for the goods or services that 
                are the subject of the civil action brought pursuant to 
                paragraph (1)(A).''.
    (b) Rule of Construction.--Nothing in this Act, or the amendments 
made by this Act, may be construed so as to limit the scope of section 
43 of the Trademark Act of 1946 (15 U.S.C. 1125) as such section 
existed prior to the enactment of this Act.
    (c) Application.--This Act, and the amendments made by this Act, 
shall apply only to a civil action--
            (1) brought pursuant to section 43(a) of the Trademark Act 
        of 1946 after the date of the enactment of this Act; and
            (2) for the use of a digital replica on or in connection 
        with any goods or services, or any container for goods, after 
        the date of the enactment of this Act.
    (d) Severability.--If any provision of this Act, or the application 
thereof to any person or circumstance, is held invalid, the remainder 
of the Act, and the application of such provision to other persons or 
circumstances shall not be affected thereby.
    (e) Definition.--In this section, the term ``Trademark Act of 
1946'' means the Act entitled ``An Act to provide for the registration 
and protection of trademarks used in commerce, to carry out the 
provisions of certain international conventions, and for other 
purposes'', approved July 5, 1946.
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