If the plan is only domestic, it can’t solve
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 existence of these treaties, trademark enforcement still lacks a harmonious global approach.45 The treaties rely on national courts to manage trademark litigation domestically.46 Countries have introduced new laws that directly address various trademark issues.47 However, a purely national approach cannot solve what is an international issue. If the extraterritorial reach of some jurisdictions is not expanded, some infringers will go unpunished and both trademark holders and consumers will be harmed. But merely extending the extraterritoriality of domestic jurisdiction will have detrimental effects on the trademark holders and raise further questions about which body enforces the law.