
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
