106 STAT. 3568 PUBLIC LAW 102-542—OCT. 27, 1992 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.". (c) FALSE DESIGNATION OF ORIGIN AND FALSE DESCRIPTIONS FORBIDDEN. — Section 43(a) of the Act (15 U.S.C. 1125(a)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting "(1)" after "(a)"; and (3) by adding at the end thereof: "(2) As used in this subsection, the term 'any person' includes any State, instrumentality of a State 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.". (d) DEFINITION. —Section 45 of the Act (15 U.S.C. 1127) is amended by inserting after the fourth imdesignated paragraph the following: 'The term 'person' also 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.". 15 USC 1114 SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect with respect to violations that occur on or after the date of the enactment of this Act. Approved October 27, 1992. LEGISLATIVE HISTORY—S. 759: SENATE REPORTS: No. 102-280 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 138 (1992): June 12, considered and passed Senate. Oct. 3, considered and passed House.
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