Infostride News, an online news platform, reported that Google LLC, a prominent American multinational technology company, is currently facing legal proceedings as it seeks to have a $150 million lawsuit filed against it by a Nigerian, Mr. Chianugo Peter, dismissed. The lawsuit also names GoDaddy.com as a co-defendant.
According to documents filed in the Federal High Court, Abuja, Google, represented by its lawyer Mark Mordi, SAN, has submitted a statement of defense asserting that Peter’s claims lack merit and should be summarily dismissed. The statement, dated November 9 and officially filed on November 10, details Google’s position on the matter.
Chianugo Peter initiated the legal action against GoDaddy.Com LLC and Google LLC, listed as the first and second defendants respectively, alleging that his YouTube Audio domain name was unjustly shut down after eight years of dedicated promotional and marketing efforts.
Emmanuel Ekpenyong, a legal representative from the law firm Fred-Young & Evans LP, filed the suit (FHC/ABJ/CS/238/2023) on Peter’s behalf on April 14. In the suit, Peter seeks a court declaration affirming his registration of the YouTube Audio business name and the commencement of trademark registration for its associated logo.
Peter contends that he acquired the YouTubeAudio.com domain name from GoDaddy in good faith, intending to conduct legitimate business activities and attract users to his application. He further argues that since both GoDaddy and Google encouraged him to use the domain name for eight years, they should be estopped from claiming infringement on their trademarks or denying him its use.
Among the reliefs sought by Peter are a declaration that he is entitled to compensation for the loss of the YouTubeAudio.com brand and goodwill, built over eight years of promotional and marketing endeavors. Additionally, he is seeking financial restitution, including $50 million for promotional and marketing works on the YouTube Audio business name and domain, $100 million for the loss of anticipated profits, and financial support for new registrations and securing an alternative domain name.
In response, Google contends that Peter did not act in good faith when registering the YouTube Audio business name and the associated domain name. The company claims that Peter approached them before commencing operations and acknowledged Google’s rights in the matter. Google argues that Peter lacks a bona fide claim to use or register any mark incorporating or resembling the YOUTUBE trademark.
According to Google, it is the international owner of the registered and famous ‘YOUTUBE’ word and ‘YOUTUBE GO’ logo trademarks globally, including in Nigeria. The company emphasizes that it began using the YOUTUBE trademark internationally in February 2005 and registered it in Nigeria in 2007, predating Peter’s use in the country, which only started in 2015.
During the recent court proceedings, it was revealed that while the plaintiff’s counsel, Jude Otakpor, had received Google’s statement of defense, GoDaddy had yet to appear in court. Google’s legal representative, Okimute Ohwahwa, requested an extension of time to regularize their processes, which was granted by Justice Obiora Egwuatu.
The court directed that a hearing notice be issued to GoDaddy and granted the plaintiff’s request for an adjournment to file a reply to Google’s statement of defense. The case is scheduled for further proceedings on February 12, 2024.
As the legal battle unfolds, the outcome will be closely monitored for its potential implications on the rights and responsibilities of domain name registrants in the context of established trademarks and the role of hosting providers in domain disputes. Infostride News will continue to provide updates on this case as it develops.
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