SEC. 3. REMEDIES IN CASES OF DILUTION OF FAMOUS
MARKS.
(a) INJUNCTIONS.—(1) Section 34(a) of the Trade-
mark Act of 1946 (15 U.S.C. 1116(a)) is amended in the
first sentence by striking ‘‘section 43(a)’’ and inserting
‘‘subsection (a) or (c) of section 43’’.
(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 sen-
tence by striking ‘‘or a violation under section 43(a),’’ and
inserting ‘‘a violation under section 43(a), or a willful vio-
lation 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 viola-
tion under section 43(c)’’.
SEC. 4. LIABILITY OF GOVERNMENTS FOR TRADEMARK IN-
FRINGEMENT AND DILUTION.
(a) CIVIL ACTIONS.—Section 32 of the Trademark
Act of 1946 (15 U.S.C. 1114) is amended—
(1) by amending the last undesignated para-
graph in paragraph (1) to read as follows:
‘‘As used in this subsection, the term ‘any person’
also includes the United States, all agencies and instru-
mentalities thereof, and all individuals, firms, corpora-
tions, or other persons acting for the United States and
with the authorization and consent of the United States,
and any State, any instrumentality of a State, and any
officer or employee of a State or instrumentality of a State
acting in his or her official capacity. The United States,
all agencies and instrumentalities thereof, and all individ-
uals, firms, corporations, other persons acting for the
United States and with the authorization and consent of
the United States, and any State, any instrumentality of
a State, and any officer or employee of a State or instru-
mentality of a State, shall be subject to the provisions of
this Act in the same manner and to the same extent as
any nongovernmental entity.’’.
(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 sub-
section (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 non-
governmental 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 viola-
tion described in that subsection’’ and inserting
‘‘subsection (a) or (b) for a violation described
therein’’; and
(B) by inserting after ‘‘other than’’ the fol-
lowing: ‘‘the United States or any agency or in-
strumentality thereof, or any individual, firm,
corporation, or other person acting for the
United States and with authorization and con-
sent of the United States, or’’.
(c) DEFINITION.—Section 45 of the Trademark Act
of 1946 (15 U.S.C. 1127) is amended by inserting be-
tween the 2 paragraphs relating to the definition of ‘‘per-
son’’ the following:
‘‘The term ‘person’ also includes the United States,
any agency or instrumentality thereof, or any individual,
firm, or corporation acting for the United States and with
the authorization and consent of the United States. The
United States, any agency or instrumentality thereof, and
any individual, firm, or corporation acting for the United
States and with the authorization and consent of the
United States, shall be subject to the provisions of this
Act in the same manner and to the same extent as any
nongovernmental entity.’’.
SEC. 5. CIVIL ACTIONS FOR TRADE DRESS INFRINGEMENT.
Section 43(a) of the Trademark Act of 1946 (15
U.S.C. 1125(a)) is amended by adding at the end the fol-
lowing:
‘‘(3) In a civil action for trade dress infringement
under this Act for trade dress not registered on the prin-
cipal register, the person who asserts trade dress protec-
tion has the burden of proving that the matter sought to
be protected is not functional.’’.
SEC. 6. TECHNICAL AMENDMENTS.
(a) ASSIGNMENT
OF MARKS.—Section 10 of the
Trademark Act of 1946 (15 U.S.C. 1060) is amended—
(1) by striking ‘‘subsequent purchase’’ in the
second to last sentence and inserting ‘‘assignment’’;
(2) in the first sentence by striking ‘‘mark,’’
and inserting ‘‘mark.’’; and
(3) in the third sentence by striking the second
period at the end.
(b) ADDITIONAL CLERICAL AMENDMENTS.—The text
and title of the Trademark Act of 1946 are amended by
striking ‘‘trade-marks’’ each place it appears and inserting
‘‘trademarks’’.
Æ