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Synthetic Deception: Deepfakes Create New Frontier of IP Risk

Loeb & Loeb Litigation partner Tal Dickstein is quoted in a World IP Review article examining how the rapid rise of deepfake technology using artificial intelligence is creating new reputational, financial and legal risks for brands and testing the limits of existing intellectual property protections.

In the article, Tal warned that the unchecked use of deepfakes through AI can have far‑reaching consequences beyond individual incidents, undermining trust in advertising and brand communications more broadly.

“When the public no longer trusts that individuals appearing in commercials or other promotional content are authentic, they will be less likely to trust marketing and advertising in general, which can erode the effectiveness of all brands,” Tal said.

Tal also noted that the U.S. legal landscape for deepfakes is uneven and still developing, with protections varying widely by state.

“While some states—such as California, Illinois, New York, Tennessee and Washington—expressly prohibit unauthorized digital replicas or voice cloning under certain circumstances, the law in other states is less clear,” he said.

To read the full article, please see World IP Review’s website (subscription may be required).