Trademark Remedy Clarification Act
PL 102-542 (S.759), enacted 10/27/1992

PUBLIC LAW 102-542—OCT. 27, 1992 
106 STAT. 3567 
Public Law 102-542 
102d Congress 
An Act 
To amend certain trademark laws to clarify that States, instrumentalities of States, 
and officers and employees of States acting in their official capacity, are subject 
Q^. 97 1999 
to suit in Federal court by any person for infringement of trademarks, and 
re 71^01 
that all the remedies can be obtained in such suit that can be obtained in 
L'='- '5"J 
a suit against a private entity. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. 
Trademark 
_ 
_ 
Remedy 
SECTION 1. SHORT TITLE. 
Clarification 
This Act may be cited as the "Trademark Remedy Clarification 
fs'^uSC 1051 
Act . 
note. 
SEC. 2. REFERENCE TO THE TRADEMARK ACT OF 1946. 
Except as otherwise expressly provided, whenever in this Act 
an amendment is expressed in terms of an amendment to a section 
or other provision, the reference shall be considered to be made 
to a section or other provision of the Act entitled "An Act to 
provide for the registration and protection of trademarks used in 
commerce, to carry out the provisions of certain international con-
ventions, and for other purposes", approved July 5, 1946 (15 U.S.C. 
1051 et seq.) (commonly referred to as the Trademark Act of 1946). 
SEC. 3. LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, AND 
STATE OFFICIALS. 
(a) LIABILITY AND REMEDIES.—Section 32(1) 
of the Act 
(15 
U.S.C. 1114(1)) is amended by adding at the end thereof the fol-
lowing: 
"As used in this subsection, the term 'any person' includes 
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. Any State, and any such instrumentality, 
officer, or employee, shall be subject to the provisions of this Act 
in the same manner and to the same extent as any nongovernmental 
entity.". 
(b) LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, AND 
STATE OFFICIALS.—^The Act is amended by inserting after section 
39 (15 U.S.C. 1121) the following new section: 
"SEC. 40. (a) Any State, instrumentality of a State or any 15USC1122. 
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 Fed-
eral court by any person, including any governmental or non-
governmental entity for any violation under this Act. 
"(b) In a suit described in subsection (a) for a violation described 
in that subsection, 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 a State, instrumentality of a State, or officer 
106 STAT. 3568 
PUBLIC LAW 102-542—OCT. 27, 1992 
or employee of a State or instrumentality of a State acting in 
his or her official capacity. Such remedies include injunctive relief 
under section 34, actual damages, profits, costs and attorney's fees 
under section 35, destruction of infringing articles under section 
36, the remedies provided for under sections 32, 37, 38, 42 and 
43, and for any other remedies provided under this Act.". 
(c) FALSE DESIGNATION OF ORIGIN AND FALSE DESCRIPTIONS 
FORBIDDEN.—Section 43(a) of the Act (15 U.S.C. 1125(a)) is 
amended— 
(1) by redesignating paragraphs (1) and (2) as sub-
paragraphs (A) and (B), respectively; 
(2) by inserting "(1)" after "(a)"; and 
(3) by adding at the end thereof: 
"(2) As used in this subsection, the term 'any person' includes 
any State, instrumentality of a State or employee of a State or 
instrumentality of a State acting in his or her official capacity. 
Any State, and any such instrumentality, officer, or employee, shall 
be subject to the provisions of this Act in the same manner and 
to the same extent as any nongovernmental entity.". 
(d) DEFINITION.—Section 45 of the Act (15 U.S.C. 1127) 
is 
amended by inserting after the fourth imdesignated paragraph 
the following: 
'The term 'person' also includes 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. Any State, and 
any such instrumentality, officer, or employee, shall be subject 
to the provisions of this Act in the same manner and to the same 
extent as any nongovernmental entity.". 
15 u s e 1114 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect with respect 
to violations that occur on or after the date of the enactment 
of this Act. 
Approved October 27, 1992. 
LEGISLATIVE HISTORY—S. 759: 
SENATE REPORTS: No. 102-280 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
June 12, considered and passed Senate. 
Oct. 3, considered and passed House.