Alleged contract breach: Nigerian seeks $150m damages against Google, GoDaddy.Com

A Nigerian, Mr Chianugo Peter, has sought a 150 million dollars compensation from Google and GoDaddy.com over allegations bordering on the shutdown of his YouTube Audio domain name after eight years of promotional and marketing works.

Peter, through his lawyer, Emmanuel Ekpenyong of Fred-Young & Evans LP, filed the suit before Justice Obiora Egwuatu of a Federal High Court, Abuja.

The plaintiff, in the application marked: FHC/ABJ/CS/238/2023, sued GoDaddy.Com LLC and Google LLC as 1st and 2nd defendants.

In the suit filed April 14, sought the court declaration that he registered the YouTube Audio business name, commenced trademark registration on the logo of the business name and secured the YouTubeAudio.com domain name from the GoDaddy in good faith to carry out genuine business to host his application thereon to attract users.

He also sought a declaration that since GoDaddy and Google encouraged him to make use of the YouTubeAudio.com domain name for the past eight years, “they are estopped from claiming that the domain name infringes any of their trademarks or deny the plaintiff the use of the YouTubeAudio.com domain name.

“A declaration of this Honourable Court that the plaintiff 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 8 years of promotional and marketing works from 2nd July, 2015 to 7th December, 2022.

Peter, therefore, sought an order directing the defendants to pay him the sum of $50 million 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.

“An order of this Honourable Court directing the defendants to pay the sum of US $ 100, 000, 000 (One Hundred Million United States Dollars) to the plaintiff for loss of anticipated profits associated with the brand equity and goodwill of YouTube Audio and YouTube Audio.com domain name.

“An order of this Honourable Court directing the defendants to pay the Plaintiff the sum of N50, 000, 000 (Fifty Million naira) to enable the plaintiff to carry out fresh registrations of its new name and secure an alternative domain name to host its application to attract users.

“An order of this Honourable Court directing the defendants to pay the sum of N10, 00, 000 (Ten Million naira) paid to the plaintiff’s counsel for prosecution of this suit.”

In the statement of claim, Peter said he was the owner of the YouTube Audio, also known as YTAudio which could be accessed through platforms such as Google Play Store and Apple Store in Nigeria.

According to him, YouTube Audio is a creative mobile application that encourages users to be more creative and enjoy utilising audio as a primary source of entertainment, information, and expression.

He said sometime in 2015, he acquired YoutubeAudio.com and YoutubeAudio.ca. domain names from GoDaddy without any caveat that it infringed the YouTube trademark or any other products of Google.

He further averred that in that year when he applied to GoDaddy to obtain the YouTubeAudio.com and YoutubeAudio.ca domain names, GoDaddycarried out an availability check and confirmed that the names were available for him.

Peter said GoDaddy did not inform him that neither YouTubeAudio.com nor YoutubeAudio.ca domain name was similar to YouTube or any trademark of Google.

“It was upon this premise that the plaintiff consistently paid for the domain name and carried out promotional and marketing works on the domain name,” he said.

Besides, he said from 2015 to April 2022 when he carried out extensive promotional and marketing works on the domain name, Google did not lay claim to the domain name or insist that it was similar to the YouTube trademark.

The plaintiff said he even paid Google to host the YouTube Audio.com application on the Google Play Store in 2021 without any query that the domain was similar to the YouTube trademark or any of its other trademarks.

Peter said the YouTube Audio was duly registered on Feb. 22, 2016 as a business name with the Corporate Affairs Commission (CAC) under the laws of the Federal Republic of Nigeria as BN 2395035 and continuously filed tax returns with the Federal Inland Revenue Service in Nigeria (FIRS).

He said the domain was fully established and had a management team, business address, foreign and local bank accounts with several banks, including master card and cheque books.

He said it was after eight years of serious promotional and marketing works on the YouTubeAudio.comdomain name to make it attractive to users and launch its application thereon that the defendants suddenly claimed that the domain name was similar to the YouTube trademark.

Peter, who stressed that GoDaddy registered the YouTube audio.com domain name and gave him the assurance that he had acquired a right over the name.

He insisted that Google also gave him the assurance that he had acquired a right over the name when it took no action throughout the eight years period when he carried out promotional works on the name and even gave approval for the YouTube Audio application to be listed on Google Play Store in 2021.

He said it was based on the assurances of the defendants that he relied upon and incurred tremendous cost and expenses in registering and branding the YouTube Audio.com business and domain name and carried out wide promotional works on the name for eight years.

According to him, on 29th April, 2022, the 2nd defendant (Google), through its Solicitor, Aluko & Oyebode contacted the plaintiff to express its concerns about YouTube Audio and its similarities with YouTube.

He said Google’s lawyer called for amicably settlement of the issue and advised him to change its business name, social media pages, domain names and trading style to YTAudio.

He said through his lawyer, he agreed to an amicable settlement of the issue only if Google was willing to compensate him.

He said instead of taking steps to compensate him, GoDaddy shut down his domain on a claim that it infringed the YouTube trademark after an arbitration proceedings against him before the Forum under the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN).

According to him, on the basis of the forum’s decision, the 1st defendant shut down the plaintiff’s YouTubeAudio.com domain name and transferred it to the 2nd defendant on 7th December, 2022.

Peter argued that Google did not have a monopoly of the “YouTube” acronym and that was why there were other independent companies and domain names with the “YouTube” acronym such as “YouTube Downloader”, “YouTube Promoter”, “ssyoutube.com”, “YouTube to MP4 Converter” amongst others.

He said that the defendants acted against the assurances they gave him that he acquired a right over the YouTube Audio.com domain name when they commenced arbitration against him and took over the name without any compensation.

When the matter came up for report of service of originating processes on the defendants, only the plaintiff lawyer, Ekpenyong, and counsel to Google, Mark Mordi, SAN, were in court.

Source: News Agency of Nigeria

NESREA, UPTRON sign MoU on used tyres disposal

The National Environmental Standards and Regulations Enforcement Agency (NESREA), has signed a Memorandum of Understanding (MoU) with Used Tyres Producers Responsibility Organisation of Nigeria (UTPRON) on the menace of used tyres disposal in Nigeria.

Prof. Aliyu Jauro, Director-General of NESREA while signing on behalf of the agency, said it is aimed to enhance the management of End-of-Life (EOL) tyres for the sustainable development of our environment.

He said that statistics reveal that one billion EOL tyres are generated globally, with approximately four billion currently occupying landfills and stockpiles worldwide.

“In Nigeria alone, the automobile sector generates around 10 million tyres each year without environmentally friendly management traceability data,“he said.

“These figures highlight the urgent need for proactive measures to address the management of EOL tyres in the country,“he said.

Jauro said that to ensure the protection of the environment, public health and biodiversity, the Agency has operationalized 34 national environmental regulations.

He said that they include the National Environmental (Domestic and Industrial Plastic, Rubber, and Foa sector) Regulations and where tyres are encapsulated.

The D-G said the responsibility of UTPRON includes coordinating Public Private Partnership (PPP) arrangement in the Extended Producer Responsibility (EPR), provide expert advisory services to tyre Producers/Collectors/Recyclers and consumers among others.

“All tyres Producer (manufacturers, importers, brand-owners, major distributors of tyres, etc.) are by this launch notified of the operationalisation of the EPR programme for the tyre waste stream or sub-sector,“he said.

He urged all tyre producers, collectors, recyclers and other stakeholders to collaborate with NESREA and UTPRON to ensure a cleaner and healthier environment for all Nigerians.

Jauro commended UTPRON for partnering with the agency to tackle and control the menace of EoL tyres in the country.

Mr Willy Nwoye, Chairman of UTPRON said that used tyres pose a significant threat to the environment, public health, and safety.

“Improper disposal methods, such as burning or dumping tyres in open spaces, release toxic fumes and chemicals into the air, water, and soil, leading to severe environmental degradation.

“The current problem we face stems from the alarming rate at which used tyres are being discarded in Nigeria,“he said.

According to him, stagnant water collected in these discarded tyres provides a breeding ground for disease-carrying mosquitoes, amplifying the risk of vector-borne illnesses.

“About 400,000 vehicles are imported into the country annually. Consequently, this vast number of vehicles necessitates a corresponding number of tyres.

“Nigeria generates over two million used tyres annually, and this number is anticipated to rise significantly in the coming years.

“ The importation of vehicles into the country continues unabated, leading to a surge in tyre production and, unfortunately, an escalation in tyre disposal problems,“he said.

Nwoye said that the current rate of growth of used tyres is not sustainable, and if left unaddressed, it will have far-reaching consequences.

“The increasing number of discarded tyres worsens the risk of environmental pollution and poses a direct threat to our communities.

. It is imperative that we take immediate action to mitigate these risks and safeguard the future of our nation.

He said that the partnership is aimed at tackling the issue of used tyres disposal in the country head-on.

“Through collaboration, we are bringing together the expertise, resources, and commitment necessary to implement effective solutions to curtail the growing menace of used tyres disposal,“he said.

He said that the initiative is hinged on economy and environment, where jobs will be created for existing businesses in the tyre management sector and generate employment.

“We are particularly passionate about the role this initiative will play at creating jobs and making new millionaires out of this program, which is driving our goal toward a robust circular economy.

“With our partnership and collective effort, we can pave the way for a sustainable and environmentally conscious Nigeria.

Source: News Agency of Nigeria

OCHIE Igbo tasks FG on tackling insecurity in southeast

An Igbo group, Odinala Cultural Heritage Foundation (OCHIE Igbo) has called on the Federal Government to come clean on the issue of insecurity ravaging social and commercial activities in southeast.

The group, in a statement signed by its National Publicity Secretary, Caleb Ekene Onwe, tasked President Bola Tinubu to make a categorical statement on the matter.

It regretted that governors of southeast zone had allowed political differences and selfish primitive acquisition to divert their attention from the crucial need for collective action against the menace of insecurity.

OCHIE Igbo recalled that a few years ago, the southeast was the quintessential bride and cynosure of the entire country, noting that the zone played host to many Nigerians in search of leisure and business due to the prevailing peace.

“However, since 2019, our zone has been locked in a vortex of intractable and unexplainable security issues that seem to have defied solution.

“Painfully, the southeast governors have capitalised on the ugly situation to increase their security votes, without any commensurate improvement in security.

“We make bold to say that the factors militating against security of life and property in the southeast are not entirely unknown.

“Rather, what is unknown is why the governors of the zone have elected to profit from the malaise, whilst the Federal Government on its part sees it as an opportunity to show force or demonstrate military might.

“The resultant effect and impact of the military operations in the south-east leaves much to be desired”, the group stated,” it said.

The group, therefore, appealed to President Tinubu to unconditionally release Nnamdi Kanu in order to douse the l being generated by his incarceration.

It also urged the federal government to send strong caution to Simon Ekpa, an acclaimed member of the proscribed IPOB, through the Embassy of Finland in Nigeria.

The group assured Ndigbo of its continued pursuit for the preservation of peace and social harmony in the region.

Source: News Agency of Nigeria

Security: Ondo govt assures Army of continuous collaboration

The Ondo State Government on Tuesday assured the Nigerian Army of continuous collaboration in its effort to protect lives and property of residents.

The Acting Governor, Lucky Aiyedatiwa, stated this in Akure while playing host to Maj.-Gen. Valentine Okoro, the General Officer Commanding (GOC) of the 2 Division of Nigerian Army.

The News Agency of Nigeria (NAN) reports that Okoro assumed duty on Thursday as the 44th GOC of the 2 Division of Nigerian Army, Ibadan.

Aiyedatiwa said that the support of the Nigerian Army was part of the success stories recorded in securing lives and property of residents of the state.

The acting governor noted the that security of Nigerians could not be done by a single security outfit, hence the need for the creation of the state security outfit, Amotekun Corps.

Aiyedatiwa, who described the Okoro as a fine gentleman, urged him to let the collaboration continue so that the residents would be able to sleep with their two eyes closed.

“The state need more collaboration, the security challenges we are facing in Nigeria can’t be sorted by only one security outfit.

“With our home grown security outfit, Amotekun Corps, and in collaboration with the Army and other security agencies, Ondo State has been adjudged to be one of the safest states in Nigeria.

“The military is part of the story.

“The military are solidly behind us and we have been supporting the military in our own little way and we will continue to do that and we will continue to support you in our own little way too,” he said.

Earlier, the GOC said since his assumption of office, the 32 Artillery Brigade, Owena Cantonment, Akure, was the first point of familiarisation visit.

Okoro, who described the division as the largest in Nigeria, said the visit was to know the operational activities of the artillery and know their challenge, and where to come in.

The GOC said he was happy with the report on the level of collaboration the state government had with the Army in the state.

“It is the largest division of all the divisions in Nigeria. To hit the ground running, l’m conducting a familiarisation visit to the operational activities of the brigade and to know their challenges and how we could come in.

”They made me to know the support and collaboration the Army is getting in the state and to thank you, and also considering that Army’s work in today’s environment is to make sure that Nigerians sleep with their two eyes closed.

“It is a collaborative effort that all citizens must also participate and provide timely information about their environment to security agencies.

“I solicit for further collaboration and to make sure we achieve our mandate in Ondo State,” he said. (NAN) (www.nannews.ng)

Source: News Agency of Nigeria

FG commits to affordable electric vehicles for Nigerians through PPP

The Federal Government says it will collaborate with the private sector to make Electric Vehicles (EVs) available and affordable for Nigerians.

The Director-General, National Automotive Design and Development Council (NADDC), Jelani Aliyu, said this when he addressed newsmen on the sidelines of the Validation Workshop of the Draft National Action Plan for the Development of EVs in Nigeria, in Abuja.

The workshop, organised on Tuesday, by the council, has as its theme, ”Positioning Nigeria among the leading countries in Vehicle Electrification”.

According to Aliyu, buying an EV entails paying more when initially purchasing the vehicle, but the total cost of ownership is much more less.

He said: “This is because one is dealing with a machine that does not need those things that could typically go wrong in a traditional petrol or diesel engine.

“No engine oil change, piston, plugs, crank shaft and all those things that can typically go wrong in a traditional petrol or diesel engine are absent in an EV.

“So, the total cost of ownership, the total amount of money that you spend over a life time of the vehicle is much less.”

According to the director-general, the council is using the National Automotive Industry Development Plan(NAIDP)2023 and this specific EV policy to push forward a vehicle financing scheme.

He said: “With this, Nigerians could put down just a little bit of the cost of an EV, drive it off to their homes and pay up within five to six years.

“We believe this will really tremendously help towards attainability of such vehicles.

“And then we are also working with both manufacturers within and outside to introduce and produce EVs that are cheaper.

“So, as we move forward we will work both with the private sector and other government agencies to bring down the cost of EVs.”

According to Aliyu, the main objective of the policy is to put forward both physical and non-physical incentives to promote the production and introduction of EVs in Nigeria.

He said it also ensured the action plan that enabled the development of these types of vehicles in the country was put in place.

On the charging infrastructure for the EVs, Aliyu said NADDC developed 300 per cent solar powered EV charging stations in some Nigerian Universities to aid technology transfer.

He said they were built at the University of Lagos, University of Nigeria Nsukka, Usman Danfodiyo University Sokoto, with the fourth one in Abuja, the Federal Capital Territory, which had a fast charger.

Aliyu said: “We are collaborating with more universities to set up more charging infrastructure and that is purely government side.

”Already, there are private sectors that have set up charging stations and we have been working with them, supporting them to set up charging infrastructure.

”If everything gets according to plan and if we get the necessary approvals, before the end of the year, we will be able to see these charging stations pop up across the country.

”Making it easy to own these electric vehicles, at the same time make it expedite, the production of these types of vehicles in the country.”

The Director-General, Infrastructure Concession Regulatory Commission(ICRC), Michael Ohiani, represented by the commission’s Director of Research, Planning and Statistics, Emmanuel Onwodi, reiterated the commission’s desire to support the project.

Ohiani, while congratulating the NADDC boss, said the commission remained committed to the vision and would render all the necessary support to ensure an effective PPP arrangement.

Representatives of the Rural Electrification Agency, Vasco Technologies, OMAA Motors, Jet Systems, Lanre Shitu Motors and Phoenix renewables, among others also reiterated their commitment to the project.

Source: News Agency of Nigeria

Golf Club: Newly elected Captain sets new standard for Inaugural tourney

Olabanjo Obaleye, the newly elected Captain of the IBB International Golf and Country Club, Abuja, said on Tuesday that the 2023 Inaugural Captain’s tournament would mark an era of new developments for the club.

Obaleye said this while addressing newsmen on tournament expected to tee-off on Wednesday at the IBB International Golf and Country Club, Abuja.

The News Agency of Nigeria (NAN) reports that the 2023 Captain’s Inaugural tournament will be organised alongside a tennis tournament.

Obaleye said the tournament would usher in the a new era of innovations into the club.

“Abuja is the Federal capital city of Nigeria. So, this club should carry that image by being the best.

“This club should be able to compete favourably with the best of the golf courses anywhere in the world.

“We know we have a lot of challenges in the area of capacity, but I can assure you that many things are being put in place now to ensure that the club measure up to world standard,” he said.

Obaleye expressed gratitude to the chairman and members of the organising committee for all their efforts towards ensuring a successful hosting of the event.

He said that even though the tournament was tagged the ‘Captain’s Inaugural’, it is however not just for him alone, but also for all the executive committee members, to usher in the new administration.

Chris Jemitola, Chairman, Organising Committee of the tournament, noted that the event was in honour of Olabanjo Obaleye, the newly inaugurated Captain of the club.

Jemitola said plans had been made to ensure a successful tournament going by the personality of the new captain and sponsors eager to be a part of the event.

He added that no fewer than 400 golfers and 100 tennis players from across the country and beyond were expected to participate in the week-long tournament.

“The tournament will officially usher in Obaleye as the 26th captain of our prestigious golf club.

“The golf tournament will tee-off on Wednesday with the pros taking to the course, while Thursday is meant for handicaps 19 to 54 as well as the veterans (ladies and men).

“Handicaps 11 to 18 (ladies and men) will play on Friday, followed by a cocktail event in the evening to round up activities for the day.

“We will have our ceremonial tee-off on Saturday, followed by more golf action by players in the category of handicaps 0 to 10, with the dinner and awards/prize presentation to close the event,” he said.

Shola Adebayo, the Competition Secretary, noted that the course was in good playing condition ahead of the tournament and prayed for good weather during the event.

“The IBB Golf and Country Club is one of the best courses in the country, hence the high number of golfers who have expressed their interest to participate in the tournament.

“It can easily be classified as the best golf club in Nigeria and so much work has been done to make the course very beautiful, kudos to the new captain and his team.

“For the tournament proper, we have the tennis section with three categories of event, including the men singles, women singles and the veterans.

“For the golf tournament, the format would be based on stroke play with three handicap levels as well as the pros participating.

“The tennis tournament served off on Monday, while the pros will take to the course on Wednesday, followed by other handicap levels with the ceremonial tee-off on Saturday,” he said.

Source: News Agency of Nigeria