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

'Sex Workers Are Part of the "Everyone" That Deserves Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Noted Belgian adult producer and director Dennis Black Magic has been sentenced to 7 years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

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

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

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.

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

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).

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.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

Show More