The plan’s extraterritorial because it applies to e-commerce
Kari Kammel, et al, 2023 – Director of the Center for Anti-Counterfeiting and Product Protection at Michigan State University and an adjunct professor of law at MSU College of Law“Trademark Counterfeiting Enforcement Beyond Borders: The Complexities of Enforcing Trademark Rights Extraterritorially in a Global Marketplace with Territorial-Based Enforcement,” 33 Fordham Intell. Prop. Media & Ent. L.J. 595 (2023). https://ir.lawnet.fordham.edu/iplj/vol33/iss3/3 //DH
Despite the seemingly territorial nature of trademarks, the sale of trademarked goods on e-commerce and social media have exponentially increased the amount of cross-border transactions, and therefore also the amount of infringing goods sold online across multiple jurisdictions. Because infringers can reach potential consumers of goods and services anywhere in the world, a tension now exists between the territorial nature of a trademark and the global nature of the potential consumer. The basis for extraterritorial reach is mainly “to either prevent spillovers from extraterritorial activities into the local market (inbound regulation) or to protect and enforce the interests of the rightsholders also in other territories by implementing the local IP regime (outbound regulation).”19