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Abuja Court Adjourns $150m Suit Over YouTubeAudio Domain
The Federal High Court sitting in Abuja on Tuesday adjourned hearing in a $150 million lawsuit filed by a Nigerian, Chianugo Peter, against Google LLC and GoDaddy.com LLC to April 22.
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The case, presided over by Justice Obiora Egwuatu, was unable to proceed due to the judge’s absence, as he was said to be engaged in another official assignment.
Parties Present as Court Fixes New Hearing Date
Although counsel to the plaintiff, Mr Emmanuel Ekpenyong, and Mark Mordi, SAN, representing Google LLC, were present in court, proceedings could not continue. The court subsequently fixed April 22 for hearing.
The suit centers on allegations of breach of contract and unlawful shutdown of a domain name, which the plaintiff claims followed years of investment and brand promotion.
Background of the $150 Million Claim
Peter filed the suit on April 14, 2023, marked FHC/ABJ/CS/238/2023, naming GoDaddy.com LLC as the first defendant and Google LLC as the second defendant.
Through his lawyer at Fred-Young & Evans LP, the plaintiff is seeking $150 million in compensation, alleging that the defendants unlawfully shut down his YouTubeAudio.com domain name after about eight years of promotional and marketing efforts.
He further alleged that the defendants transferred rights over the domain name to Google LLC, an American multinational technology company, in breach of contractual obligations.
Plaintiff’s Reliefs and Compensation Claims
In his amended statement of claim dated April 29, 2024, Peter sought 10 reliefs, including:
- A declaration that GoDaddy.com acted wrongly by shutting down the YouTubeAudio.com domain on December 7, 2022.
- A declaration that Google LLC was wrong to remove “YTAudio” and its website from the Google Play Store on December 25, 2023, without compensation.
- A declaration that YouTubeAudio.com is distinct and different from Google’s YouTube trademarks.
He also asked the court to:
- Award $50 million for eight years of promotional and marketing work (2015–2022).
- Award $100 million as damages for loss of anticipated profits and brand goodwill.
- Order payment of ₦50 million to enable fresh registrations and acquisition of an alternative domain name.
- Award ₦10 million as cost of prosecuting the suit.
Alternatively, Peter asked the court to order reinstatement of the YouTubeAudio.com domain and its restoration on Google Play Store.
Google’s Defence and Counterclaim
Google LLC, in its amended statement of defence and counterclaim filed on May 31, 2024, argued that its registration of YOUTUBE trademarks grants it exclusive rights to their use.
The company claimed it incurred $24,040.64 in expenses while addressing what it described as the plaintiff’s deliberate infringement of its trademarks.
Google is asking the court to:
- Declare that Peter’s registration and use of YouTubeAudio with the Corporate Affairs Commission infringes its trademarks.
- Order Peter to pay $24,040.64 as reimbursement for costs incurred.
- Award the cost of defending the suit in its favour.
Plaintiff Insists YouTubeAudio Is Distinct
In his amended reply dated July 12, 2024, Peter acknowledged Google’s ownership of YouTube trademarks but maintained that YouTubeAudio is separate and distinct.
He argued that Google was aware of his use of the domain for years, having written to the company in 2014 and 2021 seeking partnership, without objection. He also noted that YouTubeAudio.com was registered on Google AdSense in February 2021 and on Google Play Store in August 2021.
According to him, Google LLC is estopped from asserting rights over the YouTubeAudio.com domain after years of silence.
GoDaddy Yet to Enter Appearance
As of the last adjourned date, GoDaddy.com LLC had neither filed any court processes nor entered an appearance in the matter.
The case is now scheduled to come up for hearing on April 22, as the legal battle over domain rights, trademarks, and alleged contract breaches continues.
