Nigerian man slams $150m Suit Against Google, GoDaddy.com

A Nigerian man had slammed a $150m suit against Google, GoDaddy.com over allegations bordering on the shutdown of his YouTubeAudio.com domain name.

The shutdown reportedly came after eight years of promotional and marketing efforts.

Chianugo Peter through his lawyer, named GoDaddy.Com LLC and Google LLC as the 1st and 2nd defendants, in a suit he filed on April 14, 2023 and marked: FHC/ABJ/CS/238/2023.

Although Peter’s lawyer, Emmanuel Ekpenyong, and Mark Mordi, counsel to Google LLC, were at the Federal High Court in Abuja, yesterday, when the suit came up for hearing, but it could not proceed.

Justice Obiora Egwuatu who was to preside the case was not in court, as His lordship was said to be in another official assignment and the hearing was consequently shifted to  April 22.

In his earlier originating summons filed by Ekpenyong of the law firm of Fred-Young & Evans LP, the Nigerian sought a $150 million in compensation from Google LLC and GoDaddy.com LLC for the alleged cyberspace contract breach.

According to him, 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.

In a counter statement of defence dated November 9, 2023, and filed Nov. 10, 2023, by its lawyer, Mr Mordi, SAN, of the law firm of Aluko & Oyebode, the global ICT firm, had urged the court to dismiss Peter’s suit for allegedly lacking merit.

In his amended statement of claim dated April 29, 2024, following a go-ahead by Justice Egwuatu , Peter sought ten reliefs amongst which are :

• a declaration that GoDaddy.com was wrong to shut down the YouTubeAudio.com domain name on Dec. 7, 2022 and
• that Google was wrong to remove “YTAudio” with its website youtubeaudio.com from its Google PlayStore on Dec. 25, 2023 without adequate compensation to him.
• that YouTubeAudio.com domain and business name is different and distinct from YouTube trademarks.
• For 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 Dec. 7, 2022.
• 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 Dec. 7, 2022.
• a $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.
• the sum of 50 million naira to enable him to carry out fresh registrations of its 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 the sum of 10 million naira to him for prosecution of the suit.
• Peter prayed the court for an order for GoDaddy.com to reinstate and hoist the YouTubeAudio.com domain name which was shut down on Dec. 7, 2022 and for Goggle to also reinstate YouTubeAudio.com on its Google PlayStore platform which was unilaterally removed on Dec. 25, 2023.
• 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.

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1. In its amended defence of May 31, 2024 Google LLC, averred that its registration of the Youtube trademarks at the Trademarks Registry gives it the exclusive right to the use of the said trademarks.
2. that it has incurred expenses in the sum of 24,040 64 dollars in dealing with Peter’s “deliberate infringement of the counterclaimant’s Youtube trademarks.”

• 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.

40. That the court 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.