International trademark disputes: where can you be sued and which law applies?

The short answer is that the principle of territoriality governs cross-border trademark disputes. A trademark is valid only in the country where it is registered, and, as a general rule, the dispute is heard in the country where the use or harm occurs, under the law of that country. But there is a nuance that surprises many people: sometimes a simple cease-and-desist letter is enough for a foreign court to assert jurisdiction and draw you into litigation far from home. That is exactly what recently happened in the United States in a dispute involving the Frida Kahlo brand.

The Frida Kahlo case: when a letter takes you to court abroad

In April 2026, the United States Court of Appeals for the Eleventh Circuit resolved one chapter in the long-running dispute over rights in the Mexican artist’s name and image. Frida Kahlo Corp. sued one of her descendants, who lived in Mexico, in Florida. The defendant asked the court to dismiss the case for lack of personal jurisdiction: she lived in Mexico, so why should she have to defend herself before a U.S. court?

The court disagreed. It held that the defendant submitted to jurisdiction in Florida by sending allegedly false cease-and-desist letters and threatening litigation over intellectual property rights directed at that forum. In other words, sending demands into a country may create the “minimum contacts” that allow that country’s courts to exercise jurisdiction over you. The motion to dismiss was denied, and the case continued in the United States.

The lesson extends beyond U.S. law. If you send a formal notice or demand email from Argentina to someone operating in another country—or if you receive one yourself—you are dealing with international jurisdiction rules that should be considered before you press “send.”

The foundational rule: trademarks are territorial

Territoriality is the foundation of the entire system. A trademark registered with Argentina’s National Institute of Industrial Property (INPI) grants you an exclusive right within Argentina’s borders and nowhere else. The same sign may be registered by someone else in Brazil, Mexico, or Spain without that fact, by itself, creating a conflict. This principle is recognized in the Paris Convention for the Protection of Industrial Property, approved by Argentina through Law No. 17,011. Article 6 establishes the independence of trademarks: each national registration has a legal life of its own.

Why does this matter? Because it determines who may bring a claim and against whom. A foreign owner, no matter how famous its trademark is in its home country, cannot automatically prevent someone else from using it in Argentina if it was not registered here. There are exceptions, including well-known trademarks under Article 6bis of the Paris Convention. The reverse is also true: your Argentine trademark does not automatically protect you when a third party uses it abroad.

Where can you be sued? Jurisdiction

The first question is not who is right, but which court will hear the dispute. The general rule of Argentine private international law, reflected in the Civil and Commercial Code, is that a claim may be brought before the courts of the defendant’s domicile. In trademark infringement cases, the courts of the place where the harm occurs may also have jurisdiction. If someone sells products bearing your trademark in Córdoba, Argentine courts may hear the case even if the infringer is based abroad.

The Frida Kahlo case adds another angle: certain acts deliberately directed at a country—such as sending demands or threatening litigation there—may give that forum jurisdiction over the person who performs them. An international cease-and-desist letter is therefore never a minor formality.

Which law applies?

Once the competent court has been identified, the next question is which law governs. Because trademark rights are territorial, a court deciding an infringement generally applies the law of the country in which protection is sought. If the dispute concerns use in Argentina, Argentine Trademark Law No. 22,362 applies even when the parties are foreign. When a contract is involved—such as an international license or franchise—the Argentine Civil and Commercial Code allows the parties to choose the applicable law. If they do not, the law of the place of performance will generally apply. Jurisdiction and applicable law are therefore separate layers: you may end up litigating in one country under the law of another.

A practical example

Imagine that you own a clothing trademark registered in Argentina and begin selling online to customers in Mexico. A Mexican company with a similar trademark sends you a cease-and-desist letter. If you reply by threatening to sue it in Mexico, you may be creating a basis for Mexican courts to exercise jurisdiction over you. If, by contrast, the sales and the harm occur in Argentina, Argentine courts and Argentine law are your natural forum and legal framework. The strategy for how and where to defend your trademark should be decided before the first letter is sent, not afterward.

Frequently asked questions

Does registering my trademark in Argentina protect me worldwide? No. It protects you only in Argentina. To obtain protection abroad, you must register in each relevant country or use an available international registration system.

Can a foreign company with a famous trademark stop me in Argentina if it never registered the mark here? As a general rule, no, because trademark registrations are independent. The main exception concerns well-known trademarks, which the Paris Convention protects even without a local registration.

I received a cease-and-desist letter from another country. Do I have to respond there? Not necessarily, but you should not ignore it. Your response may have jurisdictional consequences. Before replying, it is important to assess where it would be most appropriate and strategically advantageous for the dispute to be heard.

Can I choose which law governs my trademark dispute? Not in a straightforward infringement claim: the law of the country where protection is sought generally applies. In international licensing or franchise agreements, however, the parties may choose the applicable law.

Emiliano Sebastián Herrera

Emiliano Sebastián Herrera is a co-founder of Herrera & Flamenco Abogados. His practice focuses on intellectual property, including trademarks, copyright, and emerging technologies, with particular attention to protecting intangible assets and using these legal tools strategically in businesses and creative projects.