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ARTICLE · 16 AUGUST 2017

Injunction With Extraterritorial Effect Against A Non-Party: The Google Inc. v. Equustek Solutions Inc. Decision

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According to the summary of facts set out in the decision of the Supreme Court of Canada, Equustek Solutions Inc., a manufacturer of networking devices in British Columbia, entered into a distribution agreement with...

CanadaLitigation, Mediation & Arbitration
Langlois Lawyers LLP
Langlois Lawyers LLP
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1. The context

According to the summary of facts set out in the decision of the Supreme Court of Canada1, Equustek Solutions Inc. ("Equustek"), a manufacturer of networking devices in British Columbia, entered into a distribution agreement with Datalink Technologies Gateway Inc. ("DataLink") for the online distribution of its products.

In 2011, Equustek accused DataLink of counterfeiting its products and passing them off as its own. Equustek accordingly obtained an injunction ordering DataLink to return all documentation in its possession belonging to Equustek to it and to post a statement on its website completely dissociating itself from Equustek.

Not only did DataLink not obey the court order, it left the jurisdiction, relocating in an unknown location outside Canada, and continued to sell counterfeited products of Equustek throughout the world via its website.

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