Page:United States Statutes at Large Volume 102 Part 4.djvu/974

 102 STAT. 3944

PUBLIC LAW 100-667—NOV. 16, 1988 infringer or violator only to an injunction against future printing. "(B) Where the infringement or violation complained of is contained in or is part of paid advertising matter in a newspaper, magazine, or other similar periodical or in an electronic communication as defined in section 2510(12) of title 18, United States Code, the remedies of the owner of the right infringed or person bringing the action under section 43(a) as against the publisher or distributor of such newspaper, magazine, or other similar periodical or electronic communication shall be limited to an injunction against the presentation of such advertising matter in future issues of such newspapers, magazines, or other similar periodicals or in future transmissions of such electronic communications. The limitations of this subparagraph shall apply only to innocent infringers and innocent violators. '(C) Injunctive relief shall not be available to the owner of the right infringed or person bringing the action under section 43(a) with respect to an issue of a newspaper, magazine, or other similar periodical or an electronic communication containing infringing matter or violating matter where restraining the dissemination of such infringing matter or violating matter in any particular issue of such periodical or in an electronic communication would delay the delivery of such issue or transmission of such electronic communication after the regular time for such delivery or transmission, and such delay would be due to the method by which publication and distribution of such periodical or transmission of such electronic communication is customarily conducted in accordance with sound business practice, and not due to any method or device adopted to evade this section or to prevent or delay the issuance of an injunction or restraining order with respect to such infringing matter or violating matter. "(D) As used in this paragraph— "(i) the term Violator' means a person who violates section 43(a); and "(ii) the term Violating matter' means matter that is the subject of a violation under section 43(a).".

SEC. 128. REMEDIES. (a) PRIMA FACIE EVIDENCE OF EXCLUSIVE RIGHT TO USE MARK.—

Section 33(a) (15 U.S.C. 1115(a)) is amended— (1) by inserting "the validity of the registered mark and of the registration of the mark, of the registrant's ownership of the mark, and of the" after "prima facie evidence of; (2) by inserting "or in connection with" after "in commerce on; (3) by striking out "an opposing party" and inserting in lieu thereof "another person"; and (4) by inserting ", including those set forth in subsection (b)," after "or defect". (b) CONCLUSIVE EVIDENCE OF EXCLUSIVE RIGHT TO USE MARK.—

Section 33(b) (15 U.S.C. 1115(b)) is amended— (1) in subsection (b) by amending the matter before paragraph (1) to read as follows: "Ob) To the extent that the right to use the registered mark has become incontestable under section 15, the registration shall be conclusive evidence of the validity of the registered mark and of the

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