ICM, ICANN Plan to Respond to .XXX Lawsuit by Jan. 20

LOS ANGELES — Attorneys for ICM Registry and ICANN have proposed to respond to Manwin and Digital Playground's suit no later than Jan. 20, XBIZ has learned.

Manwin Licensing International Sàrl and Digital Playground teamed up in November to wage an antitrust suit against .XXX operator ICM Registry and ICANN, which runs the Internet. Both defendants already have agreed to accept service of the complaint.

The suit claims violations of Sections 1 and 2 of the Sherman Antitrust Act, as well as violations of two California statutes relative to unfair competition and practices, and names 10 John does as defendants.

Once ICM Registry and ICANN have filed their responses, Manwin and Digital Playground have until Feb. 17 to file responsive motions, the parties plan. The first hearing over motions under the proposal could be set for April 2.

ICM Registry will be represented by the Los Angeles law office of WilmerHale, while ICANN has tapped Los Angeles' Jones Day to represent its interests.

Manwin and Digital Playground have already tapped the law firm of Mitchell, Silberberg and Knupp of Los Angeles to handle the antitrust suit.

The suit, waged just prior to .XXX's general roll out, seeks to "redress for monopolistic conduct, price gouging and anticompetitive and unfair practices, broadly harming competition, businesses and consumers, and arising out of the establishment of .XXX ... ."

Filed at U.S. District Court in Los Angeles, the suit goes on to say that .XXX “defensive registrations” are causing confusion and dilution of adult websites’ values, and that the costs and disadvantages of them outweigh any benefit of the sTLD.

“In fact, ICM promoted .XXX in large measure first to create and then exploit the need for such defensive registration,” the suit said.

The two adult studio plaintiffs also contend that ICANN, which oversees the Internet, provided “no competitive process for the award of the .XXX registry contract.”

The studios said that ICM has reacted to the circumstances with the anti-competitive behavior “expected of a monopolist” by making defensive registrations unreasonably expensive and difficult and has required that registrants of names in .XXX waive legal rights and claims against ICM as a condition of registering.

They also charge that ICM Registry has reserved to itself some of the most popular or desirable domain names, which it has sold at prices substantially above those in a competitive market.

The suit seeks an injunction and attorneys fees, as well as other relief.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More