Google faces fraud accusations over ‘Content ID’ trademark

Audible Magic has taken on Google at the US Patent and Trademark Office (USPTO), disputing the ownership of YouTube’s ‘Content ID’ trademark.

The provider of digital fingerprinting and automated content recognition (ACR) solutions filed a petition for cancellation on Tuesday, January 10.

It alleged that Google had committed fraud in “the prosecution of the application and in the procurement of the registration of the mark”, and that the mark should be cancelled.

In 2013, Google filed the subject application and provided a signed declaration that it is the owner of the mark and that, to the best of its “knowledge and belief”, no other person/company had the right to use the mark, according to Audible Magic.

The ACR provider has now asserted that Google knew that the first use of the trademark was made by Audible Magic and that it was the rightful owner. Consequently, when making the declaration, Google knew its statements were false, Audible Magic claimed.

According to the petition, Audible Magic has used the ‘Content ID’ mark to identify its audio and video content detection and recognition services since 2006.

Audio Magic added that its ‘Content ID’ system is “highly useful” in protecting music, TV content and films from copyright infringement and online pirating.

To “rectify its pirating problem and mollify the entertainment industries”, YouTube turned to Audible Magic.

YouTube’s copyright management system, Content ID, is designed to look for evidence of potential copyright infringement.

In October 2006, the parties signed an agreement granting YouTube a licence to use Audible Magic’s services for detecting registered audio and video files, verifying content IDs and ownership, and alerting rights owners to any unauthorised uses of content.

Google acquired YouTube shortly after this, and the agreement was transferred to Google.

Three years later, in December 2009, the agreement was terminated and all intellectual property rights in ‘Content ID’ reverted to Audible Magic, said the petition.

The ACR provider claimed that Google has attempted to gain ownership of the mark by registering it with the USPTO and claiming exclusive use.

The trademark was granted in December 2014.

“According to the date of first use claimed in Google’s registration, Google asserts that it first used the mark … on August 27, 2008,” said the petition.

Audible Magic claimed it first used the mark in March 2006, “well before the claimed first use of the mark by Google”.

“Content ID is fundamentally about protecting against unauthorised use of copyrighted works and to have a company usurp our trademark for its own use and registration undermines their ability to be trusted to have the proper motivations in protecting third-party IP rights,” said Vance Ikezoye, co-founder and CEO of Audible Magic.

He added: “Even more egregious is that Google has reportedly generated billions of dollars in revenues under a trademark that we rightfully own.”

A YouTube spokesperson said: "We've owned the trademark and built the brand around Content ID for years. There is no merit to this complaint."

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