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LegalText 15 U.S.C. § 1122 Liability of United States and States, and instrumentalities and officials thereof us united_states_code code_section 15 COMMERCE AND TRADE 22 TRADEMARKS 1122 15 U.S.C. § 1122 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s1122 data/legal/raw/us/code/title-15/usc15.xml 369741ca5fd52d0dc0504aa467c45eb6e7b0ae7c6ee138dc12fee4dba67192a9 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 55431714f4967c4ac9c20ff653ec40ae0186ae1b433f60dd19b954b30583d8f9 2026-07-04 official
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15 U.S.C. § 1122 - Liability of United States and States, and instrumentalities and officials thereof

Text

(a) Waiver of sovereign immunity by the United States 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) Waiver of sovereign immunity by States 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) Remedies 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 attorneys 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.

(July 5, 1946, ch. 540, title VI, § 40, as added Pub. L. 102542, § 3(b), Oct. 27, 1992, 106 Stat. 3567; amended Pub. L. 10643, § 4(b), Aug. 5, 1999, 113 Stat. 219.)

Notes

Editorial Notes

Prior ProvisionsA 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.

Amendments1999—Subsec. (a). Pub. L. 10643, § 4(b)(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 10643, § 4(b)(1), (2), redesignated subsec. (a) as (b) and inserted heading. Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 10643, § 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 DateSection effective with respect to violations that occur on or after Oct. 27, 1992, see section 4 of Pub. L. 102542, set out as an Effective Date of 1992 Amendment note under section 1114 of this title.