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119-hr-10025119th CongressWALLET

Preventing Abuse of Digital Replicas Act

Sponsored By: Representative Issa, Darrell [R-CA-48]

Introduced

Summary

This bill would create a presumption of trademark harm for unauthorized digital replicas used with goods or services. It would amend the Trademark Act to add a rebuttable, presumption-based framework and to set limits, exceptions, and definitions for how digital replicas are handled in trademark cases.

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  • Brands and rights holders would gain an easier path to claim confusion. Plaintiffs could invoke a rebuttable presumption that a digital replica used with goods or services is likely to cause confusion when they expressly plead it.
  • Creators and expressive users would keep protections. The bill excludes indirect liability claims, many expressive works and their promotional material, and preserves First Amendment safeguards from the presumption.
  • Platforms, courts, and remedies would face new rules. The measure would define "digital replica" and "relevant industry or market," treat the claim as intellectual property for Section 230 purposes, and limit available relief by precluding other-law remedies for covered uses with specified exceptions.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New trademark rule on digital replicas

If enacted, the bill would add a new rule to the Trademark Act about "digital replicas." It would create a rebuttable presumption that a digital replica used on or with goods, services, or their containers is likely to cause confusion. The presumption would apply only in civil suits under section 43(a)(1)(A) when the plaintiff expressly asks for it, and defendants could try to rebut it. The presumption would not apply to indirect liability claims, expressive works or their promotion, or uses protected by the First Amendment. If a plaintiff invokes the presumption, they generally could not seek other federal, state, or local relief for the same use except for relief under trademark sections 32 and 43(c), copyright section 501, and patent section 271. These rules would apply only to uses and lawsuits after the law takes effect.

Sponsors & CoSponsors

Sponsor

Issa, Darrell [R-CA-48]

CA • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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