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.

H.R. 10025, titled the "Preventing Abuse of Digital Replicas Act," amends the Trademark Act of 1946 (the Lanham Act). It updates federal trademark law to establish specific legal rules for federal civil lawsuits concerning the unauthorized commercial use of computer-generated "digital replicas" of living individuals. Under the bill, if a living person sues over the commercial use of their digital replica, courts are required to start with an automatic legal assumption (a "rebuttable presumption") that the use causes consumer confusion, mistake, or deception regarding the person's approval, sponsorship, or affiliation.

* **Living individuals** whose likenesses or identifying characteristics are used to create computer-generated digital replicas for commercial purposes. * **Businesses, creators, and individuals** who use or publish computer-generated digital replicas in commercial contexts. * **Plaintiffs and defendants** in federal civil trademark lawsuits filed under Section 43(a)(1)(A) of the Trademark Act. * **Federal courts** adjudicating trademark and false endorsement cases.

* **Presumption of consumer confusion:** In federal civil trademark lawsuits regarding unauthorized commercial digital replicas, courts must presume that the use tricks or confuses consumers into believing the individual endorsed, sponsored, or was affiliated with the product or service. * **Pleading requirement:** For a plaintiff to benefit from this legal presumption, they are required to explicitly request it in their court filings. * **Shifting the burden:** If the presumption applies, the defendant must provide evidence to disprove (rebut) the assumption that consumers were confused or misled.

The provided summary contains no information about federal spending, appropriations, fees, taxes, or agency funding associated with this bill.

The legal presumption of consumer confusion does **not** apply to: * **Deceased individuals:** The bill specifically limits this standard to living individuals. * **Indirect liability claims:** Lawsuits asserting secondary or indirect liability against a party. * **Expressive works:** Commercial uses within creative or expressive works, as well as promotional materials for those works. * **First Amendment protections:** Uses that are protected under the First Amendment of the U.S. Constitution.

This bill makes it easier for living people to sue in federal court over unauthorized commercial uses of their computer-generated digital replicas by requiring courts to assume the use misleads consumers, except when the use involves creative works, indirect liability, or First Amendment-protected activity.