15 USC 1122
Liability of States, instrumentalities of States, and State officials
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§1122. Liability of States, instrumentalities of States, and State officials
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.
Waiver of sovereign immunity by States. Any State, instrumentality of a State or any 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 Federal court by any person, including any governmental or nongovernmental entity for any violation under this Act.
Remedies. In a suit described in subsection (a) or (b) for a violation described therein, 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 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 a State, instrumentality of a State, or officer 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 [15 USC 1116
], actual damages, profits, costs and attorney's fees under section 35 [15 USC 1117
], destruction of infringing articles under section 36 [15 USC 1118
], the remedies provided for under sections 32, 37, 38, 42 and 43, [15 USC § §1114, 1119, 1120, 1124, and 1125] and for any other remedies provided under this Act.