113 STAT. 220 PUBLIC LAW 106-43—AUG. 5, 1999 "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 Eimended by adding at the end the following: "(3) In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functionEd.". 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 15 USC 1051 of the Trademark Act of 1946 are gimended by striking "tradenote, 1053, 1054, marks" each place it appears and inserting "trademarks". 1091, 1124, 1126, f ff & 1127. Approved August 5, 1999. LEGISLATIVE HISTORY—S. 1259: CONGRESSIONAL RECORD, Vol. 145 (1999): July 1, considered and passed Senate. July 26, considered and passed House.
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