The Federal High Court Abuja has slated May 27 for continuation of hearing in the $150 million suit filed by a Nigerian, Chianugo Peter, against Google LLC and GoDaddy.com LLC seeking compensation for alleged breach of cyberspace contract.
The trial Judge, Justice Obiora Egwuatu fixed the date for the defence to cross-examine Mr. Peter after he was led in evidence virtually by his lawyer, Emmanuel Ekpenyong in the suit marked: FHC/ABJ/CS/238/2023 which revolves around the alleged shutdown of Mr Peter’s YouTubeAudio.com domain name after eight years of promotional and marketing efforts.
In the suit which has GoDaddy.Com LLC and Google LLC as the 1st and 2nd defendants, filed on April 14, 2023, the plaintiff, through his counsel, Mr. Ekpenyong sought a $150 million compensation from Google LLC and GoDaddy.com LLC for the alleged cyberspace contract breach.
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.
Although, GoDaddy.com LLC neither filed any process nor represented in court, Google LLC, an American multinational technology company, in its initial statement of defence filed on November 10, 2023, by its lawyer, Mark Mordi, SAN urged the court to dismiss Peter’s suit for lacking in merits.
In his amended statement of claim dated April 29, 2024, Peter sought ten reliefs, amongst which is a declaration that upon the registration of YouTubeAudio.com domain name by GoDaddy in 2015, and its incorporation as a business name with registration number: BN 2395035 by the Corporate Affairs Commission (CAC) in 2016, acceptance for registration by the Trademark, Patents and Designs Registry and its approval and registration on Google AdSense and Google PlayStore in 2021, without objection or caveat that it “infringes YouTube trademarks, the plaintiff acquired exclusive rights over YouTubeAudio.com.”
He sought a declaration that GoDaddy.com LLC was wrong to shut down the YouTubeAudio.com domain name on December 7, 2022 and that Google LLC was wrong to remove “YTAudio” with its website youtubeaudio.com from its Google PlayStore on December 25, 2023 without adequate compensation to him.
He said this is notwithstanding that YouTubeAudio.com domain and business name is different and distinct from YouTube trademarks.
The plaintiff 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 July 2, 2015 to December 7, 2022.
He sought an order directing the defendants to pay the sum of $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 July 2, 2015 to December 7, 2022.
The plaintiff sought another $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.
Peter also sought from the defendants, the sum of N50 million to enable him carry out fresh registrations of its new name and secure an alternative domain name to host its application to attract users as well as an order directing the defendants to pay him N10 million for prosecution of the suit.
Alternatively, Peter prayed the court for an order for GoDaddy.com LLC to reinstate and hoist the YouTubeAudio.com domain name which was shut down on December 7, 2022 and for Goggle LLC to also reinstate YouTubeAudio.com on its Google PlayStore platform which was unilaterally removed on December 25, 2023.
He submitted that he acquired rights over YouTubeAudio.com domain name from Go Daddy.com LLC who 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 LLC to introduce YouTubeAudio’s services and to partner with it in 2014 and 2021 but received no response from it on both occasions.
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 May 31, 2024, averred that its registration of the Youtube trademarks at the Trademarks Registry gives it the exclusive night to the use of the said trademarks.
It submitted that it has incurred expenses in the sum of $24,040 64 in dealing with Peter’s “deliberate infringement of the counter claimant’s Youtube trademarks.
The company, therefore, sought a declaration that Peter’s registration and use of the YouTubeAudio business name with BN 2395035 at the CAC is an infringement of its Youtube registered trademarks and
prayed for an order directing 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.
After the plaintiff concluded his testimony, Justice Egwuatu adjourned the matter till May 27 for cross examination by the counsel to Google LLC.
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