Private Law Theory

ABSTRACT
In the digital economy, trademarks have evolved beyond their traditional territorial anchoring to become global assets shaped primarily by reputation, digital presence, and consumer perception. This article explores the growing legal disconnect between this modern understanding of brand identity and the existing territorial framework for trademark protection. Through an in-depth analysis of the Frisby Colombia vs Frisby Spain case, we examine how brands originating in emerging economies face legal vulnerabilities when they lack formal use or registration in foreign jurisdictions, despite growing international recognition.

Viracacha Pena, Jeimmy Lorena, Trademarks Have No Passport: Toward a Transnational Protection Based on Reputation and Legal Best Practices (May 1, 2025).