15 U.S.C. § 1122 — Liability of United States and States, and

Page 1320 TITLE 15—COMMERCE AND TRADE § 1121 (July 5, 1946, ch. 540, title VI, § 38, 60 Stat. 440; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949.) Editorial Notes PRIOR PROVISIONS Act Feb. 20, 1905, ch. 592, § 25, 33 Stat. 730. AMENDMENTS 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of this title. REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chap- ter on pending proceedings and existing registrations and rights under prior acts, see notes set out under sec- tion 1051 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. § 1121. Jurisdiction of Federal courts; State and local requirements that registered trade- marks be altered or displayed differently; prohibition (a) The district and territorial courts of the United States shall have original jurisdiction and the courts of appeal of the United States (other than the United States Court of Appeals for the Federal Circuit) shall have appellate ju- risdiction, of all actions arising under this chap- ter, without regard to the amount in con- troversy or to diversity or lack of diversity of the citizenship of the parties. (b) No State or other jurisdiction of the United States or any political subdivision or any agency thereof may require alteration of a registered mark, or require that additional trademarks, service marks, trade names, or cor- porate names that may be associated with or in- corporated into the registered mark be dis- played in the mark in a manner differing from the display of such additional trademarks, serv- ice marks, trade names, or corporate names con- templated by the registered mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. (July 5, 1946, ch. 540, title VI, § 39, formerly §§ 39 and 39a, 60 Stat. 440; Pub. L. 97–164, title I, § 148, Apr. 2, 1982, 96 Stat. 46; Pub. L. 97–296, Oct. 12, 1982, 96 Stat. 1316; Pub. L. 100–667, title I, § 131, Nov. 16, 1988, 102 Stat. 3946; Pub. L. 105–330, title II, § 201(a)(10), Oct. 30, 1998, 112 Stat. 3070.) Editorial Notes CODIFICATION Pub. L. 100–667, § 131(b)(1), transferred section 39a of act July 5, 1946, which was classified to section 1121a of this title, to subsec. (b) of this section. In subsec. (a), the words ‘‘and the United States Court of Appeals for the District of Columbia’’ fol- lowing ‘‘the Courts of Appeal of the United States’’ have been deleted as superfluous in view of section 41 of Title 28, Judiciary and Judicial Procedure, which in- cludes the District of Columbia within the eleven judi- cial circuits of the United States. The word ‘‘and’’ has been inserted preceding ‘‘the courts of appeal of the United States’’ to preserve the conjunctive sense of the sentence. PRIOR PROVISIONS Acts Feb. 20, 1905, ch. 592, § 17, 33 Stat. 728; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–330 substituted ‘‘courts’’ for ‘‘circuit courts’’ before ‘‘of appeal of the United States’’. 1988—Subsec. (a). Pub. L. 100–667, § 131(a), designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 100–667, § 131(b), redesignated sec- tion 1121a of this title as subsec. (b) of this section and substituted ‘‘service marks’’ for ‘‘servicemarks’’ in two places. 1982—Pub. L. 97–164 inserted ‘‘(other than the United States Court of Appeals for the Federal Circuit)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–330 effective Oct. 30, 1998, and applicable only to any civil action filed or pro- ceeding before the United States Patent and Trade- mark Office commenced on or after such date relating to the registration of a mark, see section 201(b) of Pub. L. 105–330, set out as a note under section 1051 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chap- ter on pending proceedings and existing registrations and rights under prior acts, see notes set out under sec- tion 1051 of this title. § 1121a. Transferred Editorial Notes CODIFICATION Section, act July 5, 1946, ch. 540, title VI, § 39a, as added Oct. 12, 1982, Pub. L. 97–296, 96 Stat. 1316, which prohibited State and local requirements that registered trademarks be altered or displayed differently, was transferred to subsec. (b) of section 39 of act July 5, 1946, by section 131(b)(1) of Pub. L. 100–667 and is classi- fied to section 1121(b) of this title. § 1122. Liability of United States and States, and instrumentalities and officials thereof (a) Waiver of sovereign immunity by the United States The United States, all agencies and instru- mentalities thereof, and all individuals, firms, Page 1321 TITLE 15—COMMERCE AND TRADE § 1124 corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be im- mune from suit in Federal or State court by any person, including any governmental or non- governmental entity, for any violation under this chapter. (b) Waiver of sovereign immunity by States Any State, instrumentality of a State or any officer or employee of a State or instrumen- tality of a State acting in his or her official ca- pacity, 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 chapter. (c) Remedies In a suit described in subsection (a) or (b) for a violation described therein, remedies (includ- ing 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 instrumen- tality of a State acting in his or her official ca- pacity. 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 arti- cles 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. (July 5, 1946, ch. 540, title VI, § 40, as added Pub. L. 102–542, § 3(b), Oct. 27, 1992, 106 Stat. 3567; amended Pub. L. 106–43, § 4(b), Aug. 5, 1999, 113 Stat. 219.) 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 Su- preme 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 sub- sec. (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 ‘‘sub- section (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 indi- vidual, 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. § 1123. Rules and regulations for conduct of pro- ceedings in Patent and Trademark Office The Director shall make rules and regulations, not inconsistent with law, for the conduct of proceedings in the Patent and Trademark Office under this chapter. (July 5, 1946, ch. 540, title VI, § 41, 60 Stat. 440; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.) Editorial Notes PRIOR PROVISIONS Act Feb. 20, 1905, ch. 592, § 26, 33 Stat. 730. AMENDMENTS 1999—Pub. L. 106–113 substituted ‘‘Director’’ for ‘‘Commissioner’’. 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of this title. REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chap- ter on pending proceedings and existing registrations and rights under prior acts, see notes set out under sec- tion 1051 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5, of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. § 1124. Importation of goods bearing infringing marks or names forbidden Except as provided in subsection (d) of section 1526 of title 19, no article of imported merchan- dise which shall copy or simulate the name of any domestic manufacture, or manufacturer, or trader, or of any manufacturer or trader located in any foreign country which, by treaty, conven- tion, or law affords similar privileges to citizens of the United States, or which shall copy or sim- ulate a trademark registered in accordance with the provisions of this chapter or shall bear a