ICM Responds to Manwin's 2nd Amended Complaint

LOS ANGELES — ICM Registry on Friday said Manwin's antitrust claim against the .XXX operator and ICANN should be dismissed because there are "glaring factual differences" between the case at hand and an appeals court ruling involving VeriSign.

Manwin attorneys, in its second-amended complaint filed last month, cited a 9th U.S. Circuit Court of Appeals  antitrust ruling involving registrar VeriSign, which held that the registrar violated the Sherman Act by colluding with ICANN to eliminate competition for the registry contract.

But ICM Registry counsel, responding last week to a second-amended complaint, said that the VeriSign ruling cannot rescue Manwin's case and that it can make dispositive distinctions between the 2006 .com agreement and ICANN’s 2011 approval of .XXX.

"[Manwin] makes very clear that they have a single-pronged strategy for surviving defendants’ motions to dismiss: to try and convince the court that this lawsuit is a carbon-copy of another antitrust case involving ICANN and a TLD registry operator," ICM Registry wrote in a response to Manwin's second-amended complaint.

In the antitrust suit, Manwin alleges that ICM Registry received the original and renewal registry contracts without competition, is charging above-market .XXX prices, imposes other anticompetitive .XXX sales restrictions and has, because of its ICANN contract, precluded other adult-oriented top-level domains from operating.

ICM Registry counsel contend that ICANN approved the .XXX application through a process that Manwin admits was fully open to other applicants.

"[I]n sharp contrast to the facts in VeriSign, ICANN here rejected ICM’s applications several times before finally approving .XXX and, consistent with ICM’s status as a new entrant (as opposed to a dominant, incumbent operator like VeriSign), the ICM contract contains no provisions restricting ICM’s pricing."

In another attempt to blow up Manwin's charges of antitrust, ICM Registry attorneys said the amended complaint identifies no other registries which sought to operate a .XXX TLD, "and the only potential harm to consumers it asserts — without any supporting factual allegations — is the danger of higher prices or lower quality services for users of adult-content websites, not prospective purchasers of .XXX domain names.

"Having now had two opportunities to formulate its copycat VeriSign claim, [Manwin is] not entitled to a third," ICM Registry attorneys said.

Meanwhile, ICANN recently filed court papers to quash Manwin's attempt to exclude evidence because its rationale lacks merit.

"For example, they contend that the recitation in the articles of incorporation that  ICANN is a ‘non-profit charitable organization' is irrelevant, despite the fact that  they directly quoted this language in their complaint," ICANN attorneys said. "Of course, ICANN’s nonprofit status is relevant to plaintiffs’ claims because that status explains the very nature of ICANN and its activities with respect to the Internet’s domain name system."

ICANN said it is seeking the documents to be allowed by the court because they are central to Manwin's pricing allegations.

Manwin and its newly acquired Digital Playground unit teamed up in November just prior to .XXX's general roll out to seek "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."

View ICM Registry's response to second amended complaint

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

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

Seoul authorities repeatedly prevented 2024 KXF The Fashion — a popular Korean adult industry expo featuring Japanese AV performers — scheduled for this week from finding a suitable venue, leading organizers to cancel the event.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Art Short Film 'The Porn Selector' Starring Kasey Warner Premieres at MoMA

“The Porn Selector,” a short film directed by visual artist and filmmaker Lou Fauroux and starring Kasey Warner, premiered earlier this month at the Museum of Modern Art (MoMA) in New York.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

Ricky Greenwood Directs 'Amuse Bouche' From Dorcel

XBIZ Award winner Ricky Greenwood directs "Amuse Bouche," the latest release from Dorcel.

FSC to Host Webinar on Derisking and the Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Gia Derza Toplines Pat Myne's 'Squirt for Days 5'

Gia Derza headlines director Pat Myne's "Squirt for Days 5," from Evil Angel.

TeamSkeet Releases Full Version of 'Ripe for the Taking'

TeamSkeet has released the full version of its latest feature, "Ripe for the Taking," starring March AllStar Scarlett Alexis.

Shay Sights Returns to Brazzers for 1st Anal in 10 Years

Shay Sights has returned to Brazzers to performer her first anal in ten years, with Rico Hernandez.

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

Show More