Google LLC, an American multinational expertise firm, has urged a Federal Excessive Court docket, Abuja to dismiss the 150 million greenback go well with filed by a Nigerian, Mr Chianugo Peter, towards it and GoDaddy.com.
Google, the 2nd defendant within the go well with, instructed Justice Obiora Egwuatu that Peter’s claims had been unmeritorious, unworthy and ought to be dismissed.
The corporate made the averment in its assertion of protection dated Nov. 9 and filed Nov. 10 by its lawyer, Mark Mordi, SAN.
Peter had sued GoDaddy.Com LLC and Google LLC as 1st and 2nd defendants over allegations bordering on the shutdown of his YouTube Audio area identify after eight years of promotional and advertising and marketing works.
The plaintiff, by way of his lawyer, Emmanuel Ekpenyong of Fred-Younger & Evans LP, filed the go well with marked: FHC/ABJ/CS/238/2023 on April 14.
Reliefs being sought
Peter sought the courtroom declaration that he registered the YouTube Audio enterprise identify, and commenced trademark registration on the emblem of the enterprise identify.
He additionally mentioned that he secured the YouTubeAudio.com area identify from GoDaddy in good religion to hold out real enterprise to host his utility thereon to draw customers.
He additionally sought a declaration that since GoDaddy and Google inspired him to utilize the YouTubeAudio.com area identify for the previous eight years, “they’re estopped from claiming that the area identify infringes any of their emblems or deny the plaintiff the usage of the YouTubeAudio.com area identify. He’s additionally searching for:
- “A declaration of this honourable courtroom that the plaintiff is entitled to compensation from the defendants for the lack of the YouTubeAudio.com model and goodwill which has accrued on the model and area identify for eight years of promotional and advertising and marketing works from 2nd July 2015 to seventh December 2022.”
Different requests
Peter, due to this fact, sought an order directing the defendants to pay him the sum of $50 million for promotional and advertising and marketing works on the YouTube Audio enterprise identify and YouTube Audio.com area identify for eight years from July 2, 2015, to Dec. 7, 2022.
- “An order of this honourable courtroom directing the defendants to pay the sum of 100, 000, 000 {dollars} to the plaintiff for lack of anticipated income related to the model fairness and goodwill of YouTube Audio and YouTube Audio.com area identify.
- “An order of this honourable courtroom directing the defendants to pay the Plaintiff the sum of N50, 000, 000 (Fifty Million naira) to allow the plaintiff to hold out recent registrations of its new identify and safe an alternate area identify to host its utility to draw customers.
- “An order of this honourable courtroom directing the defendants to pay the sum of N10, 00, 000 (Ten Million naira) paid to the plaintiff’s counsel for the prosecution of this go well with.”
Google’s response
In its response, Google argued that Peter didn’t act in good religion when he registered the YOUTUBE AUDIO enterprise identify and the YouTubeAudio.com area identify.
Based on the corporate, the plaintiff was conscious of his lack of bona fide declare as a result of he approached it earlier than he commenced operation “and acknowledged the 2nd defendant (Google)’s rights.
It gave causes Peter shouldn’t be entitled to any of the reliefs sought in his assertion of declare. Based on Google, the plaintiff doesn’t personal the YOUTUBE trademark nor does he have a bona fide declare to make use of or register any mark that comes with or is much like the YOUTUBE trademark.
- “The 2nd defendant is the worldwide proprietor of the duly registered and well-known ‘YOUTUBE’ phrase and ‘YOUTUBE GO’ emblem emblems in Nigeria and worldwide. The 2nd defendant began utilizing its YOUTUBE trademark in February 2005 internationally.
- “As well as, the 2nd defendant’s YOUTUBE trademark was first registered in Nigeria in 2007. Such use and registration in Nigeria was previous to the plaintiff’s use in Nigeria, which solely commenced in 2015,” the corporate argued.
When the matter was known as on Monday, the plaintiff’s counsel, Jude Otakpor, instructed the courtroom that whereas he was in receipt of Google’s assertion of defence, GoDaddy was but to place up an look in courtroom. The lawyer, who appeared for Google, Okimute Ohwahwa, mentioned she had an utility for an extension of time to regularise their processes.
Ohwahwa mentioned their assertion of defence was dated Nov. 9 and filed Nov. 10. Otakpor didn’t oppose Ohwahwa’s oral utility and Justice Egwuatu granted it. Otakpor, nevertheless, sought an adjournment to allow them to file a reply to Google’s assertion of defence.
The decide, who adjourned the matter till Feb 12, 2024, directed {that a} listening to discover be issued on GoDaddy.