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==ICANN & Lawsuits==
==ICANN & Lawsuits==
===Antitrust Lawsuit against ICANN and ICM Registry===
On November 15, 2011, Manwin and Digital Playground filed an anti-trust lawsuit against [[ICM Registry]] and [[ICANN]]. The company claims that ICM and ICANN conducted anti-competitive, monopolistic conduct, price gouging and unfair practices. The complainants asked the court to issue an injunction order on the [[.xxx]] [[sTLD]], order ICANN to open a re-bidding process for the sTLD, and to require price constraints for ICM. The legal charges were filed at the United States Central District Court of California.<ref>[http://domainincite.com/youporn-sues-icann-and-icm-over-xxx/ YouPorn sues ICANN and ICM over .xxx]</ref> Following the lawsuit, Manwin also requested the [[ICDR|International Centre for Dispute Resolution]] conduct an [[IRP|Independent Review Proceedings]] (IRP) with regards to ICANN's actions.<ref>[http://www.icann.org/en/irp/manwin-v-icann/notice-of-independent-review-16nov11-en.pdf Notice of Independent Review]</ref> <ref>[http://www.icann.org/en/irp/manwin-v-icann/request-for-independent-review-16nov11-en.pdf Request for IRP]</ref> Manwin is only the second company to ever file an IRP with ICANN; the first was filed by ICM Registry after the [[ICANN Board]] initially approved then denied the [[.xxx]] extension after the 2004 round of gTLD expansion. Manwin's IRP was aimed mainly at .xxx, but raises questions of legitimacy for the rest of ICANN's 2012 [[New gTLD Program|new gTLD program]].<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand, DomainIncite.com]</ref>
On November 15, 2011, Manwin and Digital Playground filed an anti-trust lawsuit against [[ICM Registry]] and [[ICANN]]. The company claims that ICM and ICANN conducted anti-competitive, monopolistic conduct, price gouging and unfair practices. The complainants asked the court to issue an injunction order on the [[.xxx]] [[sTLD]], order ICANN to open a re-bidding process for the sTLD, and to require price constraints for ICM. The legal charges were filed at the United States Central District Court of California.<ref>[http://domainincite.com/youporn-sues-icann-and-icm-over-xxx/ YouPorn sues ICANN and ICM over .xxx]</ref> Following the lawsuit, Manwin also requested the [[ICDR|International Centre for Dispute Resolution]] conduct an [[IRP|Independent Review Proceedings]] (IRP) with regards to ICANN's actions.<ref>[http://www.icann.org/en/irp/manwin-v-icann/notice-of-independent-review-16nov11-en.pdf Notice of Independent Review]</ref> <ref>[http://www.icann.org/en/irp/manwin-v-icann/request-for-independent-review-16nov11-en.pdf Request for IRP]</ref> Manwin is only the second company to ever file an IRP with ICANN; the first was filed by ICM Registry after the [[ICANN Board]] initially approved then denied the [[.xxx]] extension after the 2004 round of gTLD expansion. Manwin's IRP was aimed mainly at .xxx, but raises questions of legitimacy for the rest of ICANN's 2012 [[New gTLD Program|new gTLD program]].<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand, DomainIncite.com]</ref>
In August, 2012, a mixed ruling by the Central District of California District Court accepted only 2 out of ICANN and ICM's 7 motions to dismiss. The court ruled that ICANN would be subject to anti-trust law, as ICM pays fees to them in order to be permitted to run the .xxx domain space, and that the trial would proceed with focus on the "defensive registrations" market.<ref>[http://domainincite.com/10149-court-rules-youporn-can-sue-icann-for-alleged-xxx-antitrust-violations Court rules YouPorn can sue ICANN for alleged .xxx antitrust violations, domainincite.com]</ref>
In August, 2012, a mixed ruling by the Central District of California District Court accepted only 2 out of ICANN and ICM's 7 motions to dismiss. The court ruled that ICANN would be subject to anti-trust law, as ICM pays fees to them in order to be permitted to run the .xxx domain space, and that the trial would proceed with focus on the "defensive registrations" market.<ref>[http://domainincite.com/10149-court-rules-youporn-can-sue-icann-for-alleged-xxx-antitrust-violations Court rules YouPorn can sue ICANN for alleged .xxx antitrust violations, domainincite.com]</ref>
In October, 2012, ICM filed a counter-suit against Manwin. The company alleged that Manwin has cost them at least $120 million in damages by using its adult industry market power to convince other companies not to do business with the .xxx TLD.<ref>[http://domainincite.com/10653-icm-files-120m-lawsuit-over-manwins-xxx-boycott ICM files $120m lawsuit over Manwin’s .xxx “boycott”, domainincite.com]</ref>
In September, Manwin filed comments against ICM's applications for three adult TLDs through ICANN's [[New gTLD Program]]. It argued that, if approved, these TLDs, [[.adult]], [[.sex]], and [[.porn]] would give ICM a monopoly over the adult business domain space.<ref>[http://www.xbiz.com/news/154438 Manwin Posts Comments on ICM's .Adult, .Sex, .Porn gTLD Applications, xbiz.com]</ref>
===UDRP===
In October, 2012, ICM filed a counter-suit against Manwin. The company alleged that Manwin has cost them at least $120 million in damages by using its adult industry market power to convince other companies not to do business with the .xxx TLD.<ref>[http://domainincite.com/10653-icm-files-120m-lawsuit-over-manwins-xxx-boycott ICM files $120m lawsuit over Manwin’s .xxx “boycott”, domainincite.com]</ref> [[ICM Registry]]'s counter-suit was later thrown out of court; the judge stated, "“Harm to ICM only is not sufficient to constitute antitrust injury. It must allege harm to the competitive process.” ICM can redraft its claims to be resubmitted to the court.<ref>[http://domainincite.com/12011-icms-claims-against-manwin-thrown-out-of-court ICMs Claims Against Manwin Thrown Out of Court, DomainIncite.com] Retreived 28 Feb 2013</ref>
===Cybersquatting & UDRP cases===
In January, 2012, Manwin filed its first [[UDRP]] case. It claims that a Russian registrant had infringed on its PornHub.com site.<ref>[http://domainincite.com/manwin-files-its-first-cybersquatting-complaint/ Manwin Files its First Cybersquatting Complaint, DomainIncite.com]</ref>
In January, 2012, Manwin filed its first [[UDRP]] case. It claims that a Russian registrant had infringed on its PornHub.com site.<ref>[http://domainincite.com/manwin-files-its-first-cybersquatting-complaint/ Manwin Files its First Cybersquatting Complaint, DomainIncite.com]</ref>
In early 2012, Manwin filed two cybersquatting suits targeting 52 domain names that are similar to YouPorn and Tube8. In June, they filed another suit against 28 domain names; in August filed against 24 more, also against domains similar to their brands xHamster.com and Pornhub.com; and in September filed two additional suits against 7 more domains. All suits target John Does and ask for $100,000 in damages per domain name.<ref>[http://www.xbiz.com/news/153627 Manwin Files More Cybersquatting Suits Over YouPorn, Tube8 Variants, xbiz.com]</ref><ref>[http://www.xbiz.com/news/152074 24 Websites Named in Manwin Cybersquatting Suit, xbiz.com]</ref>
In March 2012, Manwin filed a cybersquatting and defamation suit against Nicholas Bulgin of Georgia, USA, for a "massive, ongoing harassment campaign" and "exorbitant monetary demands" for purchase of the domains Manwin.net, Manwin.co, Brazzer.us and ManwinSucks.com.
Manwin alleges that Bulgin used the pseudonyms Gill Manwinder, Yi Weng, Chris Hill, Jim Jagen and "Radishdreams" in order to register domains using the company's trademarks in bad faith. Bulgin registered Manwin.net using the name "Gill Manwinder," purportedly a businessman from the U.K. who was in the process of setting up businesses under his family name "Manwinder." Bulgin later is said to have used the "Gill Manwinder" name to interfere in Manwin's U.S. trademark application, claiming that Manwin was tarnishing the "Manwinder" family name and business. Bulgin is also accused of registering Manwin.co using the name Yi Weng, who is purported to be a Chinese woman maintaining a blog about spirituality and charity. "In an attempt to justify use of the Manwin trademark, defendant titled this website "ManWin — the huMAN WiNdow to the soul," the suit said.
Manwin claimed that that Bulgin has sent dozens of emails to the company and its employees that threaten to dilute the Manwin trademark and divert Manwin's traffic away from its legitimate domains if it did not purchase the domains he had registered. Manwin is asking for an injunction against Bulgin to stop him from infringing on Manwin names and domains; a transfer of the domains Manwin.net, Manwin.co, Brazzer.us and ManwinSucks.com; and $100,000 in damages and attorneys fees.<ref>[http://newswire.xbiz.com/view.php?id=146272 Manwin Sues Georgia Man for Cybersquatting, Defamation, xbiz.xom]</ref> In April, Manwin subpoenaed data relative to the suit from [[Domains by Proxy]], [[GoDaddy]] and Charter Communications. In July, Manwin was given permission to subpoena four more ISPs ([[Google]], Phonebooth Inc., Hushmail and Formless Network) in order to learn the identities of those responsible for the escalating harassment campaign against the company and its management. The company has connected a series of threats against Managing Partner Fabian Thylmann, threatening a cybersecurity breach and takedown of Manwin's domains.<ref>[http://www.xbiz.com/news/151514 Manwin Cybersquatting Suit Shifts to Cyberattack Threats, xbiz.com]</ref>
==References==
==References==
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[[Category:Companies]]
[[Category:Communications/Marketing]]