On June 28, 2017, the Supreme Court of Canada (“SCC”) upheld a BC court order granting a worldwide injunction which required Google to de-index all websites operated by Datalink Technology Gateways Inc., Datalink Technologies Gateways LLC and a personal defendant from any Google search result worldwide. See here for our original post on this SCC decision.

Google initiated an action on July 24, 2017 in the United States District Court for the Northern District of California seeking to prevent enforcement of the SCC’s global injunction in the United States.  Google’s court filing alleges that the SCC’s order is unenforceable in the United States as it is inconsistent with the First Amendment, the Communications Decency Act, and the public policy surrounding enforceability of foreign judgments pursuant to international comity.  Read the full pleadings here.