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Index/Topics/First Amendment and Defenses

First Amendment and Defenses

Defendants can invoke First Amendment protections for expressive uses, argue that disclaimers defeat confusion, or contend that the deepfake is noncommercial or not materially misleading.

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Feb 1, 2026

How does the Lanham Act apply to deepfaked celebrity endorsements of health products?

’s Section 43(a) — its false endorsement/false designation of origin provisions — is the primary federal tool for celebrities to challenge AI-generated or “deepfaked” endorsements that commercially im...