Last summer, Google was ordered by a Canadian court to de-index
certain offending websites which were selling goods that were the
subject of an intellectual property (IP) infringement claim
(Equustek Solutions Inc. v. Jack, 2014 BCSC 1063 (CanLII), see our earlier post:
Court Orders Google to Remove Site
from Worldwide Search Results).
The underlying dispute involved a trade-secret misappropriation
and passing-off claim by a manufacturer against a rival company.
Google appealed the lower court decision. In Equustek Solutions
Inc. v. Google Inc., 2014 BCCA 295 (CanLII), the BC Court of Appeal
has rendered a decision.
Google applied for a stay of the original injunction on a number
of grounds, including the argument that the original order was
"unprecedented in Canadian law", the order was
"overly broad", and that the order will have a
"direct and irreversible impact" on Google. Google argued
that it would suffer "irreparable harm" for two reasons:
first, Google
