Ottowa
30 June 2017
Reporter: Barney Dixon

Google must remove results globally


The Canadian Supreme Court has forced Google to remove a website from its search results worldwide.

In its 28 June decision, the Canadian Supreme Court held that Google must remove the website of Datalink Technology Gateways from its search results, after the distributor was found to have unlawfully resold the products of network device manufacturer Equustek Solutions and acquired trade secrets to develop a competing product.

Equustek asked Google to de-index Datalink’s website in 2012, but the search engine refused unless Equustek obtained an injunction against Datalink.

The Supreme Court of British Columbia granted Equustek the injunction, but Google only removed Datalink’s websites from searches on google.ca. Equustek then took the complaint all the way to the Canadian Supreme Court in an attempt to stop Google from indexing Datalink’s websites worldwide.

Siding with Equustek, the Canadian Supreme Court said: “De-indexing webpages but not entire websites proved to be ineffective since Datalink simply moved the objectionable content to new pages within its websites, circumventing the court orders.”

The court said that, if necessary, to ensure an injunction’s effectiveness, a court can grant an injunction enjoining conduct anywhere in the world.

“The problem in this case is occurring online and globally [is] the internet has no borders—its natural habitat is global. The only way to ensure that the interlocutory injunction attained its objective was to have it apply where Google operates—globally.”

The court also rejected Google’s argument that a global injunction violates international comity because the order may not have been obtainable in a foreign jurisdiction.

“If Google has evidence that complying with such an injunction would require it to violate the laws of another jurisdiction, including interfering with freedom of expression, it is always free to apply to the British Columbia courts to vary the interlocutory order accordingly. To date, Google has made no such application,” the Canadian Supreme Court said.

More news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
ICE and industry team up to fight IP crime
21 November 2017 | Washington DC | Reporter: Jenna Lomax
US Immigration and Customs Enforcement has teamed up with Intellectual Property Enforcement Coordinator industry representatives and other US government enforcers to counter IP crimes
Alibaba in ITC spotlight
20 November 2017 | Washington DC | Reporter: Barney Dixon
Alibaba will be investigated by the US International Trade Commission over the importation and sale of insulated beverage containers, their labels, and packaging materials
Brexit a “material threat” to businesses, says Marques
20 November 2017 | Leicester | Reporter: Barney Dixon
Brexit could be a “material threat” to businesses that own trademarks in the EU, according to a position paper from intellectual property association Marques
Cozen O’Connor hires ex-DLA Piper litigator
17 November 2017 | Washington DC | Reporter: Barney Dixon
Cozen O’Connor has hired ex-DLA Piper litigator Hugh Marbury as member in its intellectual property department
Illicit streaming devices entering the UK fail to meet national electrical safety regulations, according to findings from FACT and Electrical Safety First
Mewburn Ellis opens Munich office
16 November 2017 | Munich | Reporter: Barney Dixon
Intellectual property boutique Mewburn Ellis has opened a new office in Munich, its first expansion outside of the UK
.UK suspensions doubled in 2017, says Nominet
15 November 2017 | Oxford | Reporter: Barney Dixon
Nominet has suspended 16,632 .UK domain names for criminal activity in 2017, doubling figures from 2016