Shift Law Blog Supreme Court 'Equusteks' it to online trademark infringers

This post concerns one of the two recent landmark decisions from the Supreme Court of Canada concerning territorial commercial interests on the borderless Internet. In Google Inc. v. Equustek Solutions Inc. 2017 SCC 34, the Court confirmed that Canadian courts can grant orders prohibiting the infringement of Canadian trademarks and the enabling of trademark infringement wherever that occurs, including on foreign search indexes that list infringing websites. Canadian court orders can also bind persons who are not parties to the underlying lawsuit, including Internet service providers who, inadvertently, provide the means for trademark infringement.