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Google Inc. v. Equustek Solutions Inc.

Supreme Court of Canada

2017 SCC 34 (2017)

Relevant factsFree

Datalink, a former distributor of Equustek's (plaintiff) networking devices, relabeled and sold Equustek's products as its own and stole trade secrets to manufacture a competing device; Equustek obtained court orders barring Datalink from selling the infringing products, but Datalink ignored them and continued selling from an unknown location. Google (defendant) voluntarily agreed to deindex Datalink from its Canadian search engine, but Equustek discovered customers could still find Datalink's products through non-Canadian Google domains, and indeed most infringing sales occurred outside Canada; Equustek sought and the trial court granted a preliminary injunction ordering Google to deindex Datalink's sites across all of Google's search engines worldwide, which Google appealed as beyond Canadian courts' authority.

IssueFree

Whether a court can issue a preliminary injunction ordering an online search engine to globally deindex the websites of a company that, in breach of a judicial order, uses those websites to unlawfully violate another company's intellectual property rights.

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