Changes

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 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. 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 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>

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>