The British Columbia Court of Appeal has upheld an interlocutory injunction made against Google Inc., a non-party, in litigation between Equustek Solutions Inc. and Datalink Technologies Gateways Inc. The decision is available here.
The plaintiffs alleged that the defendants had counterfeited their product. In an effort to prevent the defendants from selling the counterfeit product, which was being done over the internet, the plaintiffs sought and obtained an interlocutory injunction against Google Inc., a Delaware corporation based in California, ordering it to exclude a list of certain web sites from search results. The aim was to stop customers from finding the defendants. Google Inc. appealed the injunction on several grounds.