(1) Any person who shall, without the consent of the registrant -

(a) use in commerce any reproduction, counterfeit, copy, or  colorable imitation of a registered mark in connection with the  sale, offering for sale, distribution, or advertising of any  goods or services on or in connection with which such use is   likely to cause confusion, or to cause mistake, or to deceive; or

(b) reproduce, counterfeit, copy, or colorably imitate a
registered mark and apply such reproduction, counterfeit, copy,  or colorable imitation to labels, signs, prints, packages,  wrappers, receptacles or advertisements intended to be used in  commerce upon or in connection with the sale, offering for sale,
distribution, or advertising of goods or services on or in  connection with which such use is likely to cause confusion, or  to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.
As used in this subsection, ^[1] 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 chapter in the same manner and to the same extent as any nongovernmental entity.

(2) Notwithstanding any other provision of this chapter, the remedies given to the owner of a right infringed under this chapter or to a person bringing an action under section 1125(a) of this title shall be limited as follows:

(A) Where an infringer or violator is engaged solely in the  business of printing the mark or violating matter for others and  establishes that he or she was an innocent infringer or innocent  violator, the owner of the right infringed or person bringing the
action under section 1125(a) of this title shall be entitled as  against such infringer or violator only to an injunction against  future printing.

(B) Where the infringement or violation complained of is  contained in or is part of paid advertising matter in a  newspaper, magazine, or other similar periodical or in an  electronic communication as defined in section 2510(12) of title  18, the remedies of the owner of the right infringed or person  bringing the action under section 1125(a) of this title as  against the publisher or distributor of such newspaper, magazine,
or other similar periodical or electronic communication shall be  limited to an injunction against the presentation of such  advertising matter in future issues of such newspapers,  magazines, or other similar periodicals or in future   transmissions of such electronic communications. The limitations
of this subparagraph shall apply only to innocent infringers and  innocent violators.

(C) Injunctive relief shall not be available to the owner of  the right infringed or person bringing the action under section  1125(a) of this title with respect to an issue of a newspaper,  magazine, or other similar periodical or an electronic   communication containing infringing matter or violating matter  where restraining the dissemination of such infringing matter or
violating matter in any particular issue of such periodical or in an electronic communication would delay the delivery of such  issue or transmission of such electronic communication after the  regular time for such delivery or transmission, and such delay  would be due to the method by which publication and distribution   of such periodical or transmission of such electronic  communication is customarily conducted in accordance with sound business practice, and not due to any method or device adopted to  evade this section or to prevent or delay the issuance of an  injunction or restraining order with respect to such infringing  matter or violating matter.

(D) As used in this paragraph -

(i) the term ''violator'' means a person who violates section
1125(a) of this title; and

(ii) the term ''violating matter'' means matter that is the
subject of a violation under section 1125(a) of this title.