Preventing Abuse of Digital Replicas Act
Latest action (3 Aug 2026): Introduced
What this bill does
H.R. 10025, the "Preventing Abuse of Digital Replicas Act," would amend Section 43 of the Trademark Act of 1946 (the Lanham Act) to address unauthorized AI-generated "digital replicas" of individuals used in commerce. The bill would create a rebuttable presumption of consumer confusion in false-endorsement lawsuits when a plaintiff shows that a "digital replica"—a computer-generated image, voice, or likeness that is identical to or substantially indistinguishable from an identifying characteristic of a living person—was used in connection with goods or services. This presumption would not apply to claims of indirect liability, to uses in expressive works or their promotional materials, or to uses otherwise protected by the First Amendment. The bill also limits plaintiffs who invoke this presumption from simultaneously seeking relief under most other federal, state, or local laws for the same conduct, with certain exceptions.
The bill primarily affects individuals whose image, voice, or likeness is digitally replicated without consent for commercial use, as well as businesses, advertisers, and AI developers whose products or marketing could trigger such claims. It aims to make it easier for people—especially those without celebrity status or extensive resources—to pursue trademark-based false endorsement claims against unauthorized AI-generated depictions used to imply endorsement of goods or services.
The bill was introduced on August 3, 2026, by Rep. Darrell Issa and referred to the House Judiciary Committee. It would need committee consideration, potential amendment, and votes in the House and Senate before it could become law; no further action has yet occurred.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill is in the first stage of the legislative process. It was introduced into Congress on August 3, 2026. It will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole.
Common questions
- What does H.R. 10025 do?
- H.R. 10025, the "Preventing Abuse of Digital Replicas Act," would amend Section 43 of the Trademark Act of 1946 (the Lanham Act) to address unauthorized AI-generated "digital replicas" of individuals used in commerce. The bill would create a rebuttable presumption of consumer confusion in false-endorsement lawsuits when a plaintiff shows that a "digital replica"—a computer-generated image, voice, or likeness that is identical to or substantially indistinguishable from an identifying characteristic of a living person—was used in connection with goods or services. This presumption would not apply to claims of indirect liability, to uses in expressive works or their promotional materials, or to uses otherwise protected by the First Amendment. The bill also limits plaintiffs who invoke this presumption from simultaneously seeking relief under most other federal, state, or local laws for the same conduct, with certain exceptions. The bill primarily affects individuals whose image, voice, or likeness is digitally replicated without consent for commercial use, as well as businesses, advertisers, and AI developers whose products or marketing could trigger such claims. It aims to make it easier for people—especially those without celebrity status or extensive resources—to pursue trademark-based false endorsement claims against unauthorized AI-generated depictions used to imply endorsement of goods or services. The bill was introduced on August 3, 2026, by Rep. Darrell Issa and referred to the House Judiciary Committee. It would need committee consideration, potential amendment, and votes in the House and Senate before it could become law; no further action has yet occurred.
- Has H.R. 10025 become law?
- Not yet. As of 3 Aug 2026, H.R. 10025 is introduced.
- Who sponsored H.R. 10025?
- H.R. 10025 was sponsored by Rep. Darrell Issa [R-CA48] (Republican-CA), with 0 cosponsors.
- What's the latest action on H.R. 10025?
- Introduced (3 Aug 2026).
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