2017 Canadian trademark cases: progressive and regressive

Insufficient attention is sometimes paid to Canadian trade mark judgments. Kat friend (and inductee into the IP Hall of Fame) Dan Bereskin has kindly provided us with a summary of 2017 developments. “The Internet Has No Borders”: Worldwide De-indexing Injunction In Google, Inc. v Equustek Solutions Inc., the Supreme Court of Canada upheld an order requiring Google to de-index websites globally, not just in Canada. The operators of the websites had misappropriated confidential information, and misled consumers into believing the products sold on these sites were Equustek’s products. Equustek obtained Court orders enjoining such conduct, but the operators of the websites failed to comply. At the request of Equustek, Google de-indexed the sites in Canada but refused to do more. Equustek sought a Court order to require Google, a non-party to the infringement case, to de-index the sites globally. Google refused. The Supreme Court of Canada saw Google as the…

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