A court in the Northern District of California in Google LLC v. Equustek Solutions Inc. 2017 WL 5000834 (Nov 2, 2017) issued an order earlier this month enjoining Equustek from enforcing the global de-indexing order it obtained against Google in a British Columbia court. This was an order that was given great scrutiny and which was affirmed by the Supreme Court of Canada in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 (summarized here).
Archive for the ‘jurisdiction’ category
The argument in the Google v Equustek Supreme Court case is about to start. An issue in the case is whether a court has a right to grant a de-listing order against a search engine to assist in enforcing a prior injunction granted by the court. The decisions of the courts appealed from are summarized here.
I did a presentation on the case several months ago highlighting what is in issue in the case. My slides are set out below.
As the creative industries continued to grow economically in importance in 2014, so have the stakes in copyright litigation. Increasingly, the courts have been challenged to resolve complex disputes arising from new uses of works and other subject matter brought about by innovations in technology. While content is often a core and indispensable element of new and innovative services, products or offerings, frequently parties dispute whether the use requires permission and payment to rights holders or can be engaged in without permission or payment. This post reviews some of the highlights of the court battles of 2014 in Canada and other Commonwealth countries, the United States and the European Union.
In a case that could have major ramifications for trade-marks law in Canada, Justice Hughes of the Federal Court has concluded that, when a trade-mark appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-Marks Act purposes, use and advertising in Canada.
This strong conclusion comes from Homeaway.com, Inc. v. Martin Hrdlicka, 2012 FC 1467, a decision released December 12, 2012. In this case, the Applicant sought to expunge a trade-mark registered in 2010 by the Respondent Hrdlicka. On the Application, the Respondent represented himself.