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7 - Territoriality and Supranationality

Judicial and Legislative Competence in International Trademark Disputes

from Part One - International Aspects of Trademark Protection

Published online by Cambridge University Press:  18 September 2020

Irene Calboli
Affiliation:
Texas A&M School of Law
Jane C. Ginsburg
Affiliation:
Columbia University School of Law
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Summary

Well before online shopping, advertising, and infringement, trademarks resisted territorial confinement. Thanks to mail-order deliveries, broadcasting spillovers, tourism, and immigration, marks might be used, or simply known, beyond their countries of registration.1 The Internet greatly amplifies a preexisting condition of international commerce. As other chapters in this volume detail, trademark law has developed substantive responses to unauthorized supranational exploitation of trademarks.2 This chapter addresses the phenomenon from a litigation perspective: what national court is competent to adjudicate a multiterritorial trademark dispute, and what law applies? While these questions precede e-commerce, the Internet has vastly multiplied their occurrence, thus augmenting the need for fair and predictable solutions.

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Publisher: Cambridge University Press
Print publication year: 2020

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