The absence of Justice Obiora Egwuatu of the Federal High Court in Abuja, on Tuesday, stalled the $150 million suit filed by a Nigerian, Chianugo Peter, against Google LLC and GoDaddy.com LLC.
Mr Peter had filed the suit over allegations bordering on the shutdown of his YouTubeAudio.com domain name after eight years of promotional and marketing efforts in breach of the contract.
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Justice Egwuatu had fixed today for the defence to cross-examine Mr Peter after he was led in evidence virtually on the last adjourned date by his lawyer, Emmanuel Ekpenyong.
However, the matter, which was on number 7 on the court’s list, could not proceed due to the judge’s absence.
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The case was subsequently adjourned until 16 July for hearing.
Mr Peter, through his lawyer, named GoDaddy.Com LLC and Google LLC as the 1st and 2nd defendants in the suit filed on 14 April 2023 and marked: FHC/ABJ/CS/238/2023.
In his earlier originating summons filed by Mr Ekpenyong of the law firm of Fred-Young & Evans LP, the Nigerian sought $150 million in compensation from Google LLC and GoDaddy.com LLC for the alleged cyberspace contract breach.
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The plaintiff alleged that the defendants shut down his domain and business name, YouTubeAudio.com, and transferred the rights over the name to Google LLC, an American multinational technology company.
Google LLC, in its initial statement of defence dated 9 November 2023, and filed 10 November 2023, by its lawyer, Mark Mordi of the law firm of Aluko & Oyebode, urged the court to dismiss Mr Peter’s suit as being unmeritorious and lacking in merits.
Justice Egwuatu had, in April 2024, given the plaintiff the go-ahead to amend his originating processes after his lawyer moved the application, and it was not opposed by the defence counsel.
In his amended statement of claim dated 29 April 2024, Mr Peter sought ten reliefs.
He sought a declaration that GoDaddy.com was wrong to shut down the YouTubeAudio.com domain name on 7 December 2022 and that Google was wrong to remove “YTAudio” with its website youtubeaudio.com from its Google PlayStore on 25 December 2023 without adequate compensation to him.
He said this is notwithstanding that the YouTubeAudio.com domain and business name is different and distinct from YouTube trademarks.
He wants the court to declare that he is entitled to compensation from the defendants for the loss of the YouTubeAudio.com brand and goodwill which has accrued on the brand and domain name for eight years of promotional and marketing works from 2 July 2015 to 7 December 2022.
He sought an order directing the defendants to pay $50 million to him for promotional and marketing works on the YouTube Audio business name and YouTube Audio.com domain name for eight years from 2 July 2015 to 7 December 2022.
He sought $100 million in damages for loss of anticipated profits associated with the brand equity and goodwill of YouTube Audio and YouTube Audio.com domain name.
Mr Peter also sought from the defendants the sum of N50 million to enable him to carry out fresh registrations of his domain’s new name and secure an alternative domain name to host its application to attract users.
The Nigerian sought an order directing the defendants to pay N10 million naira to him for the prosecution of the suit.
Alternatively, Mr Peter prayed the court for an order for GoDaddy.com to reinstate and hoist the YouTubeAudio.com domain name, which was shut down on 7 December 2022 and for Google to also reinstate YouTubeAudio.com on its Google PlayStore platform, which was unilaterally removed on 25 December 2023.
He submitted that he acquired rights over YouTubeAudio.com domain name from Go Daddy.com LLC, which conducted a search before confirming that he could make use of the name.
The plaintiff averred that he promoted the domain and business name from 2014 to 2022 and even wrote to Google to introduce YouTubeAudio’s services and to partner with it in 2014 and 2021, but received no response from it on both occasions.
He said in February 2021, he applied for YouTubeAudio.com and it was registered on the Google AdSense platform for displaying advertisements on the website.
Besides, Mr Peter said in August 2021, the domain and business name was registered on Google Playstore.
According to him, the plaintiff consistently paid GoDaddy.com LLC for registration and use of the domain name from 2015 to 2022.
But Google LLC, in its amended statement of defence and counterclaim dated and filed 31 May 2024, averred that its registration of the YOUTUBE trademarks at the Trademarks Registry gives it the exclusive right to the use of the said trademarks.
It submitted that it has incurred expenses in the sum of $24,040.64 in dealing with Mr Peter’s “deliberate infringement of the counterclaimant’s YOUTUBE trademarks.”
The company, therefore, sought a declaration that Mr Peter’s registration and use of the YouTubeAudio business name with BN 2395035 at the CAC is an infringement of its YOUTUBE registered trademarks.
It prayed the court for an order directing Mr Peter to pay the company the total sum of $24,040.64, being the expenses incurred in dealing with his infringement of the YOUTUBE registered trademarks.
It equally sought an order directing the plaintiff to pay the company the cost of defending the suit.
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In his amended reply to Google’s amended statement of defence dated 12th July 2024, Mr Peter responded that it is not in doubt that Google LLC owns YouTube trademarks. However, YouTubeAudio is distinct and different from YouTube trademarks.
He submitted that Google LLC, being a foremost search engine in the world, knew that he had earlier written to it, that he was making use of the YouTubeAudio domain name for the past eight years without any objection or caveat by either GoDaddy.com or Google.
“Hence, Google LLC is estopped from claiming any right over the YouTubeAudio domain name,” he said.
GoDaddy.com LLC neither filed any process nor was represented in court.
(NAN)
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