Mr Chianugo Peter, a Nigerian has disagreed with Google LLC, an American multinational technology company, over allegation that his $150 million dollars suit is frivolous and unmeritorious.
Peter, through his counsel, Emmanuel Ekpenyong Esq. of Fred-Young & Evans LP, Monday stated this in his Reply to Google’s Statement of Defence before Justice Obiora Egwuatu of a Federal High Court, Abuja Division.
It would be recalled that the company, in its Statement of Defence dated Nov. 9, 2023 and filed Nov. 10, 2023 by its lawyer, Mark Mordi, SAN, urged the court to dismiss Peter’s suit for being unmeritorious and unworthy.
Peter had sued GoDaddy.Com LLC and Google LLC as 1st and 2nd defendants over allegations bordering on the shutdown of his YouTubeAudio.com domain name after eight years of promotional and marketing works.
Google, in its defence, averred that Peter did not own the YOUTUBE trademark nor did he have a bona fide claim to use or register any mark that incorporates or is similar to the YOUTUBE trademark.
According to the company, the plaintiff was aware of his lack of bona fide claim because he approached it before he commenced operation “and acknowledged the 2nd defendant (Google)’s rights.
But in his response dated Feb. 7, 2024 but filed Feb. 8 2024, Peter argued that “though it is a common knowledge that Google owns the YouTube trademark, the plaintiff’s YouTubeAudio.com domain and business name is different and distinct from the YouTube trademark.”
According to him, the followers and users of YouTubeAudio.com know that it is different and distinct from YouTube and it is not calculated to deceive them.
He said the 1st and 2nd defendants, as well as the relevant regulatory authorities, acknowledged that his YouTubeAudio.com domain and business name is different and distinct from the YouTube trademark.