§ 1122. — Liability of United States and States, and instrumentalities and officials thereof.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1122]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1122. Liability of United States and States, and
instrumentalities and officials thereof
(a) Waiver of sovereign immunity by the United States
The United States, all agencies and instrumentalities thereof, and
all individuals, firms, corporations, other persons acting for the
United States and with the authorization and consent of the United
States, shall not be immune from suit in Federal or State court by any
person, including any governmental or nongovernmental entity, for any
violation under this chapter.
(b) Waiver of sovereign immunity by States
Any State, instrumentality of a State or any officer or employee of
a State or instrumentality of a State acting in his or her official
capacity, shall not be immune, under the eleventh amendment of the
Constitution of the United States or under any other doctrine of
sovereign immunity, from suit in Federal court by any person, including
any governmental or nongovernmental entity for any violation under this
chapter.
(c) Remedies
In a suit described in subsection (a) or (b) of this section for a
violation described therein, remedies (including remedies both at law
and in equity) are available for the violation to the same extent as
such remedies are available for such a violation in a suit against any
person other than the United States or any agency or instrumentality
thereof, or any individual, firm, corporation, or other person acting
for the United States and with authorization and consent of the United
States, or a State, instrumentality of a State, or officer or employee
of a State or instrumentality of a State acting in his or her official
capacity. Such remedies include injunctive relief under section 1116 of
this title, actual damages, profits, costs and attorney's fees under
section 1117 of this title, destruction of infringing articles under
section 1118 of this title, the remedies provided for under sections
1114, 1119, 1120, 1124 and 1125 of this title, and for any other
remedies provided under this chapter.
(July 5, 1946, ch. 540, title VI, Sec. 40, as added Pub. L. 102-542,
Sec. 3(b), Oct. 27, 1992, 106 Stat. 3567; amended Pub. L. 106-43,
Sec. 4(b), Aug. 5, 1999, 113 Stat. 219.)
Prior Provisions
A prior section 1122, act July 5, 1946, ch. 540, title VI, Sec. 40,
60 Stat. 440, related to review of cases by the Supreme Court, prior to
repeal by act May 24, 1949, ch. 139, Sec. 142, 63 Stat. 109. See section
1254 of Title 28, Judiciary and Judicial Procedure.
Amendments
1999--Subsec. (a). Pub. L. 106-43, Sec. 4(b)(2), added subsec. (a).
Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 106-43, Sec. 4(b)(1), (2), redesignated subsec.
(a) as (b) and inserted heading. Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 106-43, Sec. 4(b)(1), (3), redesignated subsec.
(b) as (c) and in first sentence substituted ``subsection (a) or (b) of
this section for a violation described therein'' for ``subsection (a) of
this section for a violation described in that subsection'' and inserted
``the United States or any agency or instrumentality thereof, or any
individual, firm, corporation, or other person acting for the United
States and with authorization and consent of the United States, or''
after ``other than''.
Effective Date
Section effective with respect to violations that occur on or after
Oct. 27, 1992, see section 4 of Pub. L. 102-542, set out as an Effective
Date of 1992 Amendment note under section 1114 of this title.
