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 © 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

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult, Could Face Override

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Show More