Territorial Trademarks vs. Global Domains: Reconciling Jurisdiction in the Digital Age

Abstract

The rise of the Internet and the domain name system has exposed a persistent tension between the territorial nature of trademark rights and the global, borderless character of domain names and online services. This paper analyses the doctrinal conflict across private international law, trademark law, and Internet governance. It examines how national courts and policy bodies have responded - through statutes, administrative policies, country-level dispute systems and case law - and evaluates whether the current patchwork reconciles territorial rights with the realities of global networks. The paper identifies key legal provisions affected, surveys representative case studies, and proposes a pragmatic framework (targeting + effects + layered enforcement) for reconciling territorial trademarks with global domains while preserving sovereignty, free expression, and the stability of the Domain Name System.