PUBLIC LAW 102-542—OCT. 27, 1992 106 STAT. 3567 Public Law 102-542 102d Congress An Act To amend certain trademark laws to clarify that States, instrumentalities of States, and officers and employees of States acting in their official capacity, are subject Q^. 97 1999 to suit in Federal court by any person for infringement of trademarks, and re 71^01 that all the remedies can be obtained in such suit that can be obtained in L ' = ' - ' 5"J a suit against a private entity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Trademark _ _ Remedy SECTION 1. SHORT TITLE. Clarification This Act may be cited as the "Trademark Remedy Clarification fs'^uSC 1051 Act. note. SEC. 2. REFERENCE TO THE TRADEMARK ACT OF 1946. Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Act entitled "An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the Trademark Act of 1946). SEC. 3. LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, AND STATE OFFICIALS. (a) LIABILITY AND REMEDIES. —Section 32(1) of the Act (15 U.S.C. 1114(1)) is amended by adding at the end thereof the following: "As used in this subsection, the term 'any person' includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.". (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: "SEC. 40. (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 nongovernmental 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
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