Preventing Abuse of Digital Replicas Act

This bill amends the Trademark Act of 1946 to clarify how federal trademark law applies to digital replicas of individuals' identifying characteristics, such as images or voices, used in commerce. It creates a rebuttable presumption that using a digital replica on goods or services is likely to cause confusion, but provides exceptions for certain protected uses like news, commentary, satire, parody, scholarship, education, creative works, and First Amendment-protected activities. It also limits the legal remedies available if a plaintiff relies on this presumption.

Sec. 2, Applicability of federal trademark law in the area of digital replicas of identifying characteristics of individuals: This section adds new provisions to Section 43 of the Trademark Act. It establishes that in a civil lawsuit for using a digital replica on goods or services, there is a rebuttable presumption that the use is likely to cause confusion about affiliation or sponsorship. It exempts from liability uses that are for bona fide news, public affairs, sports broadcasts, commentary, criticism, satire, parody, scholarship, education, creative works primarily expressive or artistic, or otherwise protected by the First Amendment. If a plaintiff files a lawsuit under this section and relies on the rebuttable presumption, they cannot seek relief under other federal, state, or local laws, except for specific existing laws like trademark infringement, copyright, or patent. This subsection is considered a law pertaining to intellectual property for purposes of Section 230 of the Communications Act. It defines a 'digital replica' as a computer-generated representation of a living individual's distinctive identifying characteristic (like image or voice) that is substantially indistinguishable from the real one and appears intended to duplicate it, as judged by reasonable participants in the relevant industry or market. The bill also includes a rule of construction stating it does not limit the existing scope of Section 43 of the Trademark Act, applies only to civil actions brought after enactment for uses of digital replicas after enactment, and includes a severability clause.