Changes

In January, 2012, Manwin acquired Digital Playground.<ref>[http://www.xbiz.com/news/143303 Manwin Acquires Digital Playground, xbiz.com]</ref> Later that month, ICANN and ICM both filed motions to dismiss the case. ICANN argued that, as it was an organization not engaged in "trade or commerce," the US anti-trust laws did not apply to it; additionally, both ICM and ICANN argued that Manwin's filing was essentially complaining about the possible increase in competition for them. ICM cited that Manwin had earlier attempt to approach them with a supposed mutually-beneficial agreement, in which Manwin would acquire various premium .xxx domains for free, in exchange sharing the profits of these domains with ICM. When ICM turned down the agreement, Manwin Managing Partner Fabian Thylmann said that he would do whatever he could to stop .xxx.<ref>[http://domainincite.com/icann-antitrust-law-does-not-apply-to-us/ ICANN: antitrust law does not apply to us, domainincite.com]</ref> ICANN's and ICM's motions to dismiss can be found [http://domainincite.com/docs/icann-manwin-motion-to-dismiss.pdf here] and [http://domainincite.com/docs/manwin-icm-motion-to-dismiss-2.pdf here] respectively.  

In January, 2012, Manwin acquired Digital Playground.<ref>[http://www.xbiz.com/news/143303 Manwin Acquires Digital Playground, xbiz.com]</ref> Later that month, ICANN and ICM both filed motions to dismiss the case. ICANN argued that, as it was an organization not engaged in "trade or commerce," the US anti-trust laws did not apply to it; additionally, both ICM and ICANN argued that Manwin's filing was essentially complaining about the possible increase in competition for them. ICM cited that Manwin had earlier attempt to approach them with a supposed mutually-beneficial agreement, in which Manwin would acquire various premium .xxx domains for free, in exchange sharing the profits of these domains with ICM. When ICM turned down the agreement, Manwin Managing Partner Fabian Thylmann said that he would do whatever he could to stop .xxx.<ref>[http://domainincite.com/icann-antitrust-law-does-not-apply-to-us/ ICANN: antitrust law does not apply to us, domainincite.com]</ref> ICANN's and ICM's motions to dismiss can be found [http://domainincite.com/docs/icann-manwin-motion-to-dismiss.pdf here] and [http://domainincite.com/docs/manwin-icm-motion-to-dismiss-2.pdf here] respectively.  

In mid-February, Manwin, ICANN and ICM Registry announced that they were in talks and hoping to resolve some or all of the outstanding complaints. The motions to dismiss the case filed by ICANN and ICM were temporarily put on hold.<ref>[http://domainincite.com/icm-and-youporn-in-antitrust-settlement-talks/ ICM and YouPorn in AntiTrust Settlement Talks, DomainIncite.com]</ref> On February 17, the company amended its anti-trust lawsuit against ICANN and ICM Registy. According to Manwin's counsel Kevin E. Gaut, two related state law claims were dropped to avoid potential risks of trial delays.<ref>[http://www.thedomains.com/2012/02/21/manwin-amends-complaint-against-icm-icann-drops-2-state-claims-talks-of-settlement/ Manwin Amends Complaint Against ICM & ICANN & Drops 2 State Claims & Talks Of Settlement]</ref> ITs 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>

In mid-February, Manwin, ICANN and ICM Registry announced that they were in talks and hoping to resolve some or all of the outstanding complaints. The motions to dismiss the case filed by ICANN and ICM were temporarily put on hold.<ref>[http://domainincite.com/icm-and-youporn-in-antitrust-settlement-talks/ ICM and YouPorn in AntiTrust Settlement Talks, DomainIncite.com]</ref> On February 17, the company amended its anti-trust lawsuit against ICANN and ICM Registy. According to Manwin's counsel Kevin E. Gaut, two related state law claims were dropped to avoid potential risks of trial delays.<ref>[http://www.thedomains.com/2012/02/21/manwin-amends-complaint-against-icm-icann-drops-2-state-claims-talks-of-settlement/ Manwin Amends Complaint Against ICM & ICANN & Drops 2 State Claims & Talks Of Settlement]</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 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>

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>

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 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===

===Cybersquatting & UDRP cases===

__Notoc__

__Notoc__

[[Category:Companies]]

[[Category:Communications/Marketing]]