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ARTICLE · 11 SEPTEMBER 2017

To Boldly Go… Towards A Global System Of Accountability – Google Inc. v. Equustek Solutions Inc.

Gardiner Roberts LLP
Gardiner Roberts LLP
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In true common law tradition, let's start this blog post with some obligatory Latin: audentes Fortuna iuvat. "Fortune favours the bold."

CanadaLitigation, Mediation & Arbitration
Tim Duncan
Tim Duncan
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In true common law tradition, let's start this blog post with some obligatory Latin: audentes Fortuna iuvat.  "Fortune favours the bold."

This might have been the principle that governed the behaviour of Datalink Technologies Inc. when it decided to start counterfeiting the products (networking devices) of its erstwhile client, Equustek Technologies Inc. Previously entrusted by Equustek to distribute its products, Datalink began passing those products off as its own.  Bold indeed.

Equustek inevitably discovered what was going on and obtained an injunction ordering Datalink to cease its counterfeiting operation and return all property. Datalink, however, responded by fleeing the jurisdiction (British Columbia) and continuing to sell its counterfeited wares to the world at large via its string of websites. Bolder still. But this post isn't about the boldness of counterfeiters. Rather, I'd like to talk about the (relative) boldness of our legal system in an era

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