Manwin Asks Judge to Dismiss ICM Registry's Counterclaims

LOS ANGELES — Manwin urged a federal judge in oral arguments Friday to dismiss counterclaims brought by ICM Registry, arguing the .XXX operator did not have standing to bring counterclaims in the antitrust suit because it cannot show it was injured.

ICM Registry, in its countersuit, accused Manwin of trying to destroy its “commercialization of .XXX” because the top-level domain “poses a potential threat” to Manwin's dominance of adult websites.

But at Friday's hearing, U.S. District Judge Phillip Gutierrez was unsure whether ICM Registry had properly alleged an antitrust injury in counterclaims, according to Law360.com.

ICM Registry filed counterclaims in September, alleging that Manwin illegally attempted to “maintain a monopoly and market power” by pulling ads and video clips submitted to its .XXX tube sites and encouraging a “wholesale boycott” of the .XXX extension in the adult entertainment industry.

“Direct dealers and suppliers” of goods to an affected market have standing, Gutierrez told ICM Registry's attorney, Richard Sybert. “You're an indirect seller [of domain names] ... there are cases that ... basically state that indirect sellers don't have standing."

Sybert argued that as a direct result of Manwin's alleged boycott, the .XXX operator has been injured in terms of its ability to “supply goods and services to others.”

But Manwin attorney Kevin Gaut said it had alleged only that there may be “impediments to putting adult websites on .XXX.”

“We are not a competitor with ICM,” Gaut said. “ICM sells domain names; we do not. ICM does not sell websites; we do.”

“At most, there's harm to .XXX, not a harm to the market, not a harm to the competition,” he said.

ICM Registry won approval in 2011 from ICANN, also a party to the original antitrust suit, to provide .XXX registry services. Manwin and Digital Playground alleged in their antitrust suit that the approval process was unfair and ICM Registry engaged in anticompetitive practices, including price-gouging trademark owners who must purchase "defensive registrations” of .XXX domain names.

Gutierrez at the hearing said that he would take Manwin's motion to dismiss counterclaims under submission.

"A ruling will be issued after full consideration of the submitted pleadings," he said.

Related:  

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

Niki Media Acquires BritSexCash

Production studio Niki Media BV has acquired affiliate program BritSexCash.

FSC Warns of Nude Photography Site Falsely Claiming Affiliation With Organization

Free Speech Coalition (FSC) published a statement Friday warning of a nude art photography website fraudulently claiming to be associated with the industry trade organization.

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Show More