§ 1122. Liability of United States and States, and instrumentalities and officials thereof

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Trademark Remedy Clarification Act

   Pub. L. 102–542 § 3(b) · 106 Stat. 3567

   Enacted · 15 U.S.C. § 1122

   July 5, 1946, ch. 540, title VI, § 40, as added Pub. L. 102–542, § 3(b), Oct. 27, 1992, 106 Stat. 3567

   Source evidence

   Code source credit
   July 5, 1946, ch. 540, title VI, § 40, as added Pub. L. 102–542, § 3(b), Oct. 27, 1992, 106 Stat. 3567

   Enacted provision · exact public law section
   (b) Liability of States, Instrumentalities of States, and State Officials.— The Act is amended by inserting after section 39 (15 U.S.C. 1121) the following new section: (a) Any State, instrumentality of a State or any 15 USC 1122. 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 non-governmental entity for any violation under this Act. “(b) In a suit described in subsection (a) for a violation described in that subsection, 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 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 34, actual damages, profits, costs and attorney’s fees under section 35, destruction of infringing articles under section 36, the remedies provided for under sections 32, 37, 38, 42 and 43, and for any other remedies provided under this Act.”

2. 1999

   Trademark Amendments Act of 1999

   Pub. L. 106–43 § 4(b)(2) · 113 Stat. 218

   Redesignated · 15 U.S.C. § 1122(a)

   Pub. L. 106–43, § 4(b)(2), added subsec. (a). Former subsec. (a) redesignated (b)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–43, § 4(b)(2), added subsec. (a). Former subsec. (a) redesignated (b).

   Enacted provision · exact public law section
   (2) by striking “Sec. 40. (a) Any State” and inserting the following: “Sec. 40. (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 Act. “(b) Waiver of Sovereign Immunity by States.— Any State” ; and

3. 1999

   Trademark Amendments Act of 1999

   Pub. L. 106–43 § 4(b)(1) · 113 Stat. 218

   1. Redesignated · 15 U.S.C. § 1122(b)

      Pub. L. 106–43, § 4(b)(1), (2), redesignated subsec. (a) as (b)

   2. Redesignated · 15 U.S.C. § 1122(b)

      Pub. L. 106–43, § 4(b)(1), (2), inserted heading. Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–43, § 4(b)(1), (2), redesignated subsec. (a) as (b) and inserted heading. Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (1) by redesignating subsection (b) as subsection (c);

4. 1999

   Trademark Amendments Act of 1999

   Pub. L. 106–43 § 4(b)(1) · 113 Stat. 218

   1. Redesignated · 15 U.S.C. § 1122(c)

      Pub. L. 106–43, § 4(b)(1), (3), redesignated subsec. (b) as (c) and in first sentence substituted “subsection (a) or (b) for a violation described therein” for “subsection (a) of this section for a violation described in that subsection”

   2. Inserted · 15 U.S.C. § 1122(c)

      Pub. L. 106–43, § 4(b)(1), (3), 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”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–43, § 4(b)(1), (3), redesignated subsec. (b) as (c) and in first sentence substituted “subsection (a) or (b) 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”.

   Enacted provision · exact public law section
   (1) by redesignating subsection (b) as subsection (c);

6 of 6 references resolved to an enrolled provision