§1122 — Title 15 Commerce and Trade | U.S. Code

Summary

The United States, its agencies, and people or companies acting for the United States cannot claim immunity to avoid being sued in federal or state court for violations under this law. States, state agencies, and state officials also cannot use the Eleventh Amendment or other sovereign immunity rules to avoid being sued in federal court for violations under this law. Anyone, including government or private groups, may bring such a suit. When someone wins a suit under this law, they can get the same kinds of relief as against any other defendant. That includes injunctive relief under section 1116; actual damages, profits, costs, and attorney’s fees under section 1117; destruction of infringing articles under section 1118; and the remedies provided in sections 1114, 1119, 1120, 1124, and 1125, plus any other remedies in this chapter.

Title 15, §1122

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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)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 section 1114, 1119, 1120, 1124 and 1125 of this title, and for any other remedies provided under this chapter.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1122, act

July 5, 1946, ch. 540, title VI, § 40, 60 Stat. 440, related to review of cases by the Supreme Court, prior to repeal by act

May 24, 1949, ch. 139, § 142, 63 Stat. 109. See section 1254 of Title 28, Judiciary and Judicial Procedure.

Amendments

1999—Subsec. (a). Pub. L. 106–43, § 4(b)(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 106–43, § 4(b)(1), (2), redesignated subsec. (a) as (b) and inserted heading. Former subsec. (b) redesignated (c). 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”.

Statutory Notes and Related Subsidiaries

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.

§1122 Liability of United States and States, and Instrumentalities and Officials Thereof

Summary

Title 15, §1122

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata