A Global Injunction Against Google

Abstract

In Google Inc v Equustek Solutions Inc, 2017 SCC 34, the Supreme Court of Canada upheld an order which enjoined Google to de-index the websites of the defendants to an intellectual property dispute. Google offers a global service and this was a global injunction, which will impact web searches conducted anywhere in the world. As Abella J. explained for the majority (at [41]):

"The problem in this case is occurring online and globally. The Internet has no borders — its natural habitat is global. The only way to ensure that the interlocutory injunction attained its objective was to have it apply where Google operates — globally."

Keywords: Blocking injunctions, Canada, Counterfeits, Extraterritoriality, Foreign companies, Jurisdiction, Non-parties, Online infringement, Search engines