Judge Tosses ICM Registry's Counterclaims Against Manwin

LOS ANGELES — A federal judge this week tossed all of ICM Registry's counterclaims against Manwin, ruling that the .XXX operator failed to state antitrust charges against the adult entertainment conglomerate.

U.S. District Judge Philip Gutierrez also granted Manwin’s motion to strike over claims under California's Strategic Lawsuits Against Public Participation statute, also known as SLAPP, over a call for a .XXX boycott.

The legal battle between the two entities began after ICM Registry won approval from ICANN, also a party to the original antitrust suit, to provide .XXX registry services for the Internet.

Manwin and Digital Playground filed their original suit in November 2011, alleging that ICM Registry received the original and renewal registry contracts without competition, charges above-market .XXX prices, imposed other anticompetitive .XXX sales restrictions and has, because of its ICANN contract, precluded other adult-oriented top-level domains from operating. 

In October, ICM Registry filed a $40 million countersuit against Manwin, alleging that Manwin's current dominance in the adult industry is so strong that many porn entrepreneurs are forced to advertise and release content on Manwin-owned network platforms.

ICM Registry later alleged that Manwin colluded with third parties to boycott content from Shemale.xxx and Ladyboy.xxx, both owned by Grooby Productions, on Manwin's tube sites based upon on their .XXX affiliation.

But this week,  Gutierrez, in a ruling over the countersuit, said that porn entrepreneurs likely aren't harmed by Manwin's dominance.

"Websites seeking to compete with Manwin’s sites could  easily form a new website, regardless of whether that site bears the .XXX TLD or an alternate TLD," Gutierrez said. "Thus, ICM has failed to make an argument that failure to commercialize the .XXX TLD will reduce the number of competitors in the market for online search and access to adult  entertainment via websites.

"The only potential harm is to ICM itself. Harm to ICM only is not sufficient to constitute antitrust injury. It must allege harm to the competitive process."

Manwin, as well as its Digital Playground division, also were alleged by ICM Registry to have engaged in predatory acts to prevent and coerce others in the adult entertainment industry from utilizing the .XXX TLD platform.

Manwin had argued that a Dec. 2 Manwin press release advocating a boycott of .XXX was protected speech.

Gutierrez, in his decision, agreed with Manwin.

"Because ICM’s state law counterclaims arise from Manwin’s protected activities and ICM has failed to demonstrate through affidavits that it is likely to prevail on either claim, Manwin’s motion to strike ICM’s counterclaims under California’s anti-SLAPP statute is granted," Gutierrez said.

Gutierrez, however, granted ICM Registry 30 days to amend its suit with a second amended counterclaim. The federal judge noted that ICM Registry would be on the hook for Manwin's attorney fees over the anti-SLAPP portion of the suit.

View Manwin/ICM Registry ruling

Related:  

Copyright © 2025 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

Adult Networking Platform SpicyGigs.com Launches

SpicyGigs, a new adult industry networking platform, has officially launched.

Pineapple Support to Host 'Cream Pie Challenge' Fundraiser

Pineapple Support is hosting its Cream Pie Challenge through August to raise funds for mental health services for industry performers.

Kyrgyzstan President Signs Measure Outlawing Internet Porn

President Sadyr Japarov of Kyrgyzstan on Tuesday signed into law legislation outlawing online adult content in the country.

NC Legislature Overrides Veto of Extreme Anti-Adult Industry Bill

The North Carolina state legislature on Tuesday voted to override Gov. Josh Stein’s veto of a bill imposing regulations that industry observers have warned could push adult websites and platforms to ban most creators and content.

Report: VPN Downloads Soar in UK Following Age Verification Deadline

Virtual private network apps, which can be used to circumvent geo-specific age verification requirements, are topping Apple App Store downloads in the U.K. in the wake of new Online Safety Act rules, the BBC is reporting.

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

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

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

Show More