Summary
Last week, the Supreme Court of Canada, in Google v.
Equustek Solutions Inc., ruled that Google could be ordered by
a Canadian court to delist worldwide the website of an organization
that had been found to be infringing the intellectual property
right of a Canadian. We understand this to be the first ruling of
its kind against Google by the most senior court of a country.
The Supreme Court of Canada's decision provides victims of
wrongs facilitated by internet intermediaries an opportunity to
obtain an effective remedy, particularly when the wrongdoer has not
complied with an injunctive order of a Canadian court.
Background
Equustek Solutions Inc., a small technology company in British
Columbia and maker of industrial networking gear, sought to stop
one of its distributors, Datalink, from misusing Equustek's
trademarks online. Equustek claimed that Datalink, while acting as
a distributor of Equustek's products, re-labelled one of
Equustek's products
