US-Based Tech Companies Subject to Worldwide Jurisdiction as Judicial Comity Takes a Back Seat

Guest Commentary

moinBy Moin A. Yahya, Vice Dean and Professor of Law at the University of Alberta’s Faculty of Law.

The Supreme Court of Canada’s (SCC) recent decision in Google Inc. v. Equustek Solutions Inc. is the latest in non-American courts asserting their jurisdiction over American companies’ global operations using the pretext of the Internet.  The case arose as a dispute between two companies—one a manufacturer of networking devices and the other its distributor.  The distributor was accused of passing off its own competing products as the manufacturer’s, which led the manufacturer to sue the distributor.  It obtained an order requiring the distributor to cease distributing the manufacturer’s products.  The distributor did not comply, left Canada, and did not appear in subsequent proceedings.  The distributor, however, continued to advertise itself as a seller of the manufacturer’s products on several non-Canadian websites.  Continue reading