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Google LLC v. Equustek Solutions Inc.

2017 WL 5000834 (2017)

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Google LLC v. Equustek Solutions Inc.

United States District Court for the Northern District of California
2017 WL 5000834 (2017)

Facts

Canadian company Equustek Solutions, Inc. (defendant) was involved in a global dispute with a company that was allegedly infringing on Equustek’s intellectual property by selling infringing devices on the internet around the world. Equustek obtained an injunction order from a Canadian court that required Google, LLC (plaintiff) and its related entities to remove the infringing entity’s websites from the results of any Google searches conducted in any country, including the United States. Google filed a lawsuit in a United States federal district court, seeking to prevent enforcement of the order in the United States. Google argued that enforcing the order inside the United States violated (1) its free-speech rights under the First Amendment to the United States Constitution, (2) § 230 of the federal Communications Decency Act, and (3) principles of international comity. Google then moved for a preliminary injunction to bar enforcement of the Canadian order while the United States lawsuit was pending. Equustek did not file a brief opposing the motion. The federal court considered the preliminary-injunction request.

Rule of Law

Issue

Holding and Reasoning (Davila, J.)

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