Page:United States Statutes at Large Volume 102 Part 4.djvu/976

 102 STAT. 3946

PUBLIC LAW 100-667—NOV. 16, 1988

SEC. 131. JURISDICTION. (a)

JURISDICTION OF COURTS.—Section 39

(15

U.S.C. 1121)

is

amended by inserting "(a)" after "SEC. 39.". (b)

15 USC 1121a, 1121-

CERTAIN ACTIONS BY STATES PRECLUDED.—Section 39a

(15

U.S.C. 1121a) is amended— (1) by striking out "SEC. 39a." and inserting in lieu thereof "(b)"; and (2) by striking out "servicemarks" each place it appears and inserting in lieu thereof "service marks". SEC. 132. UNREGISTERED MARKS, DESCRIPTIONS, AND REPRESENTATIONS. Section 43(a) (15 U.S.C. 1125(a)) is amended to read as follows: "(a) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— "(1) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or "(2) in commercial advertising or promotion, misrepresents the nature, characteristics, Qualities, or geographic origin of his or her or another persons goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.". SEC. 133. INTERNATIONAL MATTERS. Section 44 (15 U.S.C. 1126) is amended— (1) in subsections (c), (d), (D, (g), and (h) by striking out "paragraph (b)" each place it appears and inserting in lieu thereof "subsection (b)"; (2) in subsection (a) by striking out "herein prescribed" and inserting in lieu thereof "required in this Act"; (3) in subsection (d) by striking out "sections 1, 2, 3, 4, or 23" and inserting in lieu thereof "section 1, 3, 4, 23, or 44(e)"; (4) in subsection (d)(2) by striking out "but use in commerce need not be alleged" and inserting in lieu thereof "including a statement that the applicant has a bona fide intention to use the mark in commerce'; (5) in subsection (d)(3) by striking out "foreing" and inserting in lieu thereof "foreign"; (6) in subsection (e) by adding at the end thereof the following: "The application must state the applicant's bona fide intention to use the mark in commerce, but use in commerce shall not be required prior to registration."; (7) in subsection (f) by striking out "paragraphs (c), (d)," and inserting in lieu thereof "subsections (c), (d),'; and (8) in subsection (i) by striking out "paragraph (b) hereof and inserting in lieu thereof "subsection (b) of this section". SEC. 134. CONSTRUCTION AND DEFINITIONS. Section 45 (15 U.S.C. 1127) is amended—

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