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

Arcom-Targeted Sites Implement Age Verification in France

Five high-traffic adult websites based outside of France have implemented age verification as required under the nation’s Security and Regulation of the Digital Space (SREN) law, after receiving warnings from French media regulator Arcom.

Goddess Lilith Launches 'Adultpreneurs' Networking Site

Goddess Lilith has launched Adultpreneurs, a new community and networking site.

Adult Venue Marketplace 'FckSpace' Launches

The adult venue marketplace FckSpace has officially launched.

Florida Attorney General Dismisses AV Suit Against Segpay

The Florida attorney general’s office on Monday agreed to dismiss claims against payment processor Segpay in a lawsuit over alleged noncompliance with the state’s age verification law.

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

VRPorn.com Releases 2025 'Annual Report'

VRPorn.com has released its Annual Report, highlighting its audience favorites from throughout 2025.

MrPornGeek Launches 'Visibility Boost' System

MrPornGeek has introduced a new paid visibility boost feature designed to temporarily increase advertiser exposure across select sections of its platform.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Show More