The Federal High Court sitting in Abuja has postponed further proceedings in a $150 million lawsuit instituted by Nigerian entrepreneur Chianugo Peter against Google LLC and GoDaddy.com LLC.
The matter, assigned to Justice Obiora Egwuatu, was scheduled for hearing on Tuesday but could not proceed due to the judge’s absence. Court officials disclosed that Justice Egwuatu was engaged in another official assignment, prompting an adjournment.
Although counsel to the plaintiff, Emmanuel Ekpenyong, and Mark Mordi, SAN, representing Google LLC, were present in court, the absence of the presiding judge necessitated the shift of hearing to April 22.
Background of the Dispute
Peter initiated the suit following the shutdown of his domain name, YouTubeAudio.com, which he alleges occurred after eight years of continuous promotional investment and brand development. He contends that the termination amounted to a breach of contractual and commercial rights.
The suit, filed on April 14, 2023, and marked FHC/ABJ/CS/238/2023, lists GoDaddy.com LLC and Google LLC as first and second defendants respectively. In his originating summons, filed through the law firm of Fred-Young & Evans LP, Peter is demanding $150 million in damages, alleging unlawful interference with his cyberspace business operations.
Claims of Domain Shutdown and Transfer
The plaintiff maintains that his domain and business name, YouTubeAudio.com, were shut down and that rights associated with the name were subsequently transferred to Google LLC. He argues that this action disrupted years of branding, marketing, and digital development efforts.
Google LLC, however, in its statement of defence dated November 9, 2023, and filed November 10, 2023, urged the court to dismiss the suit, describing it as lacking merit.
In April 2024, Justice Egwuatu granted the plaintiff leave to amend his originating processes after an application by his counsel, which was not opposed by the defence.
Reliefs Sought by the Plaintiff
In his amended statement of claim dated April 29, 2024, Peter outlined ten reliefs before the court.
He is seeking a declaration that GoDaddy acted unlawfully in terminating the YouTubeAudio.com domain on December 7, 2022. He also wants the court to rule that Google improperly removed “YTAudio” and its associated website from the Google Play Store on December 25, 2023, without adequate compensation.
Peter insists that the YouTubeAudio brand is distinct and legally separate from the YouTube trademark portfolio.
Among the financial claims, he is demanding:
- $50 million for eight years of marketing and promotional investment between July 2, 2015, and December 7, 2022.
- $100 million in damages for projected profits and brand goodwill allegedly lost.
- ₦50 million to facilitate rebranding and acquisition of a new domain.
- ₦10 million to cover litigation costs.
Alternatively, he is requesting reinstatement of the domain and restoration of the application to the Google Play Store.
Plaintiff’s Position
Peter argues that he legally acquired the domain through GoDaddy after due clearance checks were conducted. He states that he consistently paid renewal fees between 2015 and 2022. He further claims that he formally introduced his services to Google in 2014 and 2021 in a bid to explore partnership opportunities, receiving no objections in response.
In February 2021, the website was reportedly registered with Google AdSense, and by August 2021, the application was approved on the Google Play Store.
Google’s Counterclaim
In its amended defence and counterclaim filed May 31, 2024, Google asserts exclusive ownership of the YOUTUBE trademarks registered at the Trademarks Registry. The company contends that Peter’s use of the YouTubeAudio name constitutes trademark infringement. It is seeking $24,040.64 in expenses allegedly incurred in addressing what it describes as deliberate infringement.
Google is also asking the court to order Peter to pay litigation costs. In response, Peter maintains that while Google owns the YouTube trademark, YouTubeAudio is materially different and distinct. He further argues that Google’s prior knowledge of his domain usage estops the company from asserting claims over it.
GoDaddy.com LLC has not filed any defence process nor made any appearance in court proceedings to date. The case is expected to resume on April 22.
