btw - the same act goes on to say in 1125(C):

"(4) The following shall not be actionable under this section:
...(B) Noncommercial use of a mark."

Further, with regard to the liabilities of hosting such a product,

In 15 USC 1114.(2)(B) "Remedies; infringement; innocent infringment by printers and publishers"
it implies that a third party like a newspaper (or website?) that carries advertising for an an infringing item can only be told to stop, and is not subject to payment of any damages.