ICM Again Asks Court to Dismiss Manwin's Antitrust Claims

LOS ANGELES — For a second time, ICM Registry has asked a federal court to dismiss Manwin's antitrust claims against the .XXX operator and ICANN, saying the adult entertainment conglomerate has failed to state anticompetitive conduct.

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."

But ICM Registry on Tuesday moved for an order dismissing claims under §§ 1 and 2 of the Sherman Act on grounds that Manwin failed to plead antitrust injury, failed in allegations that ICM Registry and ICANN conspired to create anticompetitive restraint or to monopolize a relevant market and that Manwin hasn't alleged that ICM Registry engaged in unilateral anticompetitive or exclusionary conduct — all legal standards for antitrust cases to survive motions for dismissal pursuant to federal Rule 12(b)(6).

"Plaintiffs have now had two shots at fashioning a viable antitrust case," ICM Registry said in a filing on Tuesday. "[B]ecause further amendment would almost certainly be futile,  ICM respectfully moves this court to dismiss the amended complaint in its entirety with prejudice."

ICM Registry, in response to the amended complaint, said that Manwin's claims are "nothing more than a transparent attempt to use the antitrust laws to eliminate a new Internet platform for adult content — .XXX — that plaintiff Manwin perceives as posing unwelcome competition to its dominant .com adult-entertainment empire."

But ICM Registry said that its not in the business of offering content via .XXX domain names and that Manwin is seeking "sweeping, inconsistent and unsupportable injunctive relief enjoining the .XXX TLD altogether, voiding the ICM-ICANN contract and/or imposing price and other restrictions on the offering of registry services."

Manwin operates numerous adult brands, besides Digital Playground, including Brazzers, YouPorn, Twistys, Spankwire, Webcams, Tube8, ExtremeTube, KeezMovies, Mofos, ExtremeTube, JuicyBoys and PornHub.

The company recently filed papers overseas seeking to merge operations with RK Netmedia, operators of Reality Kings and BangBros, and is a licensee for Playboy TV through its Playboy Plus Entertainment division. It also recently made a bid for transactional TV operator New Frontier Media.

ICM Registry recently submitted applications to ICANN for three new adult-oriented gTLDs: .sex, .porn and .adult. If awarded, ICM Registry could control the most prominent adult-oriented TLDs.

Manwin spokeswoman Kate Miller declined comment on ICM Registry's response to the first amended complaint, citing the company doesn't comment on pending legal matters.

Stuart Lawley, ICM Registry's CEO, told XBIZ that "the response speaks for itself."

"We have always contended that the claims were baseless in law and totally without merit," he said.

ICM Registry has asked the U.S. District Court to schedule a hearing on the motion to dismiss by July 30.

View ICM Registry's response to first amended complaint

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

Eva Maxim, Katrina Colt Headline 'Cumming to LA' From Cherry Kiss

Eva Maxim and Katrina Colt star with Vince Karter in 2021 XBIZ Europas Female Performer of the Year Cherry Kiss' "Cumming to L.A.," from Evil Angel.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Nebraska Legislature Passes Republican's Age Verification Bill With No Votes Against It

Nebraska’s unicameral legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still have antitrust claims that they may pursue in the future.

Skylar Snow Headlines 'Infidelity 4' From Sweet Sinner

Skylar Snow toplines "Infidelity 4," the latest release from Mile High Media studio brand Sweet Sinner.

Serenity Cox Stars in 'Enjoy It' From MILFY

Serenity Cox stars with Alberto Blanco in "Enjoy It," from Vixen Media Group studio imprint MILFY.

Melissa Stratton Stars in Finale of Wicked's 'So Extra'

Melissa Stratton and Robby Apples star in the final scene from Wicked Pictures' "So Extra."

BiPhoria Drops Jim Powers' 'Saying GoodBi'

BiPhoria has released director Jim Powers' "Saying GoodBi."

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have filed a petition before the United States Court of Appeals for the 5th Circuit asking to stay its recent upholding the law because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

Jade Venus, Kasey Kei Star in 'Trans Rave' From GenderX

Jade Venus and Kasey Kei star in "Trans Rave" from GenderX, directed by Jim Powers.

Show More