A Federal High Court in Abuja has agreed to let a Nigerian, Chianugo Peter, update his initial documents filed to request $150 million as payment from Google and GoDaddy.com.
Peter, represented by his lawyer Emmanuel Ekpenyong, had taken legal action against GoDaddy.Com LLC and Google LLC for allegedly closing his YouTubeAudio.com website after eight years of promotion and marketing.
However, Google, in its defense statement by its lawyer, Mark Mordi (SAN), claimed that Peter did not have rights to the YouTube trademark or a legitimate basis to use or register any mark similar to the YouTube trademark.
In response, Peter argued that although Google owns the YouTube trademark, his YouTubeAudio.com domain and business name are distinct from the YouTube trademark.
He stated that the followers and users of YouTubeAudio.com recognize its uniqueness and understand that it is not meant to deceive them.
“The plaintiff approached the Trademark, Patents and Designs Registry, Commercial Law Department, Federal Ministry of Industry, Trade And Investment, Abuja, Nigeria (“the Trademark Registry”) to register the YouTubeAudio.com trademark with logo No. 173554 in Class 16.
“And after the compulsory search, the Trademark Registry accepted the same for publication without any caveat that it is similar or infringes the YouTube trademark or any of the 2nd Defendant’s trademarks,” Peter added.
During the recent hearing, Ekpenyong mentioned that the case was adjourned to consider the plaintiff’s request to update his initial documents.
The judge, Justice Obiora Egwuatu, approved the request to update the documents.
However, he declined to issue a deeming order for the updated documents that had already been filed and delivered to the defendants, as it goes against established legal principles.
Justice Egwuatu then instructed the plaintiff to submit the updated initial documents within seven days of the order and allowed seven days for Google to submit its updated defense statement.
The case was adjourned until June 3, 2024, for further discussion.
