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
Alibaba secures defamation verdict against counterfeiter
25 July 2017 | Shanghai | Reporter: Mark Dugdale
A pet-food vendor who sold counterfeit cat food via the Taobao marketplace has been found guilty of defamation in China, according to Alibaba Group
Kodi crackdown continues
25 July 2017 | London | Reporter: Katherine Brown
Authorities arrested a man in Derby and seized more than 40 illegal streaming devices in London as part of a country-wide crackdown on Kodi and similar boxes
CITMA calls for continuation of rights post-Brexit
24 July 2017 | London | Reporter: Barney Dixon
The Chartered Institute of Trade Mark Attorneys has asked that all of its current members to be able to continue to represent clients at the EU Intellectual Property Office after Brexit
Dark web marketplace AlphaBay shut down
21 July 2017 | Washington DC | Reporter: Barney Dixon
The US government has seized AlphaBay, the largest online ‘dark market’ that was used by hundreds of thousands of people to trade illegal goods
Congressmen Issa and Goodlatte hit out at Judge Gilstrap
20 July 2017 | Washington DC | Reporter: Mark Dugdale
Two members of the House judiciary committee have criticised Judge Rodney Gilstrap for his interpretation of TC Heartland v Kraft Foods
PIPCU puts the brakes on car counterfeits
20 July 2017 | London | Reporter: Barney Dixon
The City of London Police Intellectual Property Crime Unit has seized more than 200 Audi and Volkswagen car parts worth tens of thousands of pounds
.Amazon could be up for grabs
19 July 2017 | Los Angeles | Reporter: Barney Dixon
Amazon could finally claim the .Amazon domain after it succeeded in an independent review on ICANN’s decision to deny its applications