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15 U.S.C. § 1122

Liability of United States and States, and instrumentalities and officials thereof

United States · Title 15 — COMMERCE AND TRADE · Status: effective

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15 U.S.C. § 1122, Liability of United States and States, and instrumentalities and officials thereof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/440908
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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. 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. In a suit described in subsection (a) or (b) 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.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 102-542(S. 759)1992-10-27
    Trademark Remedy Clarification Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 106-43(S. 1259)1999-08-05
    Trademark Amendments Act of 1999
    House: no recorded tallySenate: no recorded tally