Page:United States Statutes at Large Volume 113 Part 1.djvu/243

 PUBLIC LAW 106-43—AUG. 5, 1999 113 STAT. 219 (2) Section 43(c)(2) of the Trademark Act of 1946 (15 U.S.C. 1125(c)(2)) is amended in the first sentence by inserting "as set forth in section 34" after "relief. (b) DAMAGES.— Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended in the first sentence by striking "or a violation under section 43(a)," and inserting "a violation under section 43(a), or a willful violation under section 43(c),". (c) DESTRUCTION OF ARTICLES. —Section 36 of the Trademark Act of 1946 (15 U.S.C. 1118) is amended in the first sentence— (1) by striking "or a violation under section 43(a)," and inserting "a violation under section 43(a), or a willful violation under section 43(c),"; and (2) by inserting after "in the case of a violation of section 43(a)" the following: "or a willful violation under section 43(c)". SEC. 4. LIABILITY OF GOVERNMENTS FOR TRADEMARK INFRINGE- MENT AND DILUTION. (a) CIVIL ACTIONS. —Section 32 of the Trademark Act of 1946 (15 U.S.C. 1114) is amended in the last undesignated paragraph in paragraph (1)— (1) in the first sentence by inserting after "includes" the following: "the United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the United States and with the authorization and consent of the United States, and"; and (2) in the second sentence by striking "Any" and inserting "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, and any". (b) WAIVER OF SOVEREIGN IMMUNITY.— Section 40 of the Trademark Act of 1946 (15 U.S.C. 1122) is amended— (1) by redesignating subsection (b) as subsection (c); (2) by striking "SEC. 40. (a) Any State" and inserting the following: "SEC. 40. (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 Act. "(b) WAIVER OF SOVEREIGN IMMUNITY BY STATES.— Any State"; and (3) in the first sentence of subsection (c), as so redesignated— (A) by striking "subsection (a) for a violation described in that subsection" and inserting "subsection (a) or (b) for a violation described therein"; and (B) by inserting after "other than" the following: "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". (c) DEFINITION. — Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by inserting between the 2 paragraphs relating to the definition of "person" the following:

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