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ARTICLE · 25 JANUARY 2018

Canadian Trademark Cases 2017: Our Top Picks

Smart & Biggar
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In a year filled with significant trademark decisions on issues as varied as global injunctions, a confusing approach to the test for confusion...

CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
Mark Robbins
Mark Robbins
R. Scott MacKendrick
R. Scott MacKendrick
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In a year filled with significant trademark decisions on issues as varied as global injunctions, a confusing approach to the test for confusion, keywords and counterfeiting remedies, here are our top picks for 2017.

"The Internet Has No Borders": Worldwide Deindexing Injunction

In Google, Inc. v Equustek Solutions Inc., the Supreme Court of Canada upheld an order requiring Google to de-index websites globally, not just in Canada. Briefly, the operators of the websites had misappropriated confidential information, and misled consumers into believing the products sold on these sites were Equustek's products; the underlying facts, summary of the litigation history and our more fulsome commentary of this decision can be found here. Equustek obtained Court orders to address the misappropriation and misleading issues, but the operators of the websites refused to comply. Equustek asked Google to de-index the sites. Google agreed to help, and de-indexed the sites in

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