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ARTICLE · 10 JULY 2017

Global Injunction Against Google

Google has been ordered by the Supreme Court of Canada to remove, or de-index, a company's website from its search results – worldwide.

CanadaMedia, Telecoms, IT, Entertainment

Google has been ordered by the Supreme Court of Canada to remove, or de-index, a company's website from its search results – worldwide. (See Google v Equustek)

The Datalink defendants (Datalink) were distributors of Equustek Solutions Inc.'s (Equusteck) networking devices and were found to be passing off Equusteck's products as their own. After failing to comply with court orders to return confidential information, Datalink eventually left the province. However, Datalink continued selling the impugned products from an unknown location from its ever-changing websites all over the world.

The majority of the Court, in a 7-2 split verdict, upheld an interim injunction issued by the British Columbia Court of Appeal against Google, finding that despite Google's third-party status, Google is a determinative player in allowing the harm to Equuskek to continue. As such, an injunction with extraterritorial scope was the only way in which the injunction would have

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