Judge Strikes Two of Five Causes of Action in 'Manwin v ICM'

LOS ANGELES—U.S. District Court Judge Philip S. Gutierrez issued a mixed ruling Tuesday on the motion to dismiss filed by defendant ICM Registry in the antitrust lawsuit brought against it and ICANN by Manwin. In it, he dismissed two of the five causes of action brought by Manwin against the operator of the .XXX top-level domain and ICANN. The ruling addresses the motion filed by the defendants to dismiss the First Amended Complaint under Federal Rule of Civil Procedure. "Plaintiffs assert five causes of action, alleging various violations of the Sherman Antitrust Act," wrote Gutierrez. "Plaintiffs assert three causes of action against both Defendants: a Section 1 claim for conspiracy in restraint of trade; a Section 2 claim for conspiracy to monopolize; and a Section 2 claim for conspiracy to attempt to monopolize. Plaintiffs also assert two causes of action solely against ICM: a Section 2 claim for monopolization; and a Section 2 claim for attempted monopolization." Gutierrez ruled: "The motions to dismiss are GRANTED as to the separate market for affirmative registrations of domain names within TLDs connoting or intended exclusively or predominately for adult content. This market is inadequately pled. Accordingly, the Third and Fifth Causes of Action are DISMISSED. The Third Cause of Action is also dismissed because there is no cause of action for “conspiracy to attempt to monopolize.” Plaintiffs are GRANTED leave to amend their pleadings. The motions to dismiss are DENIED in all other respects. If Plaintiffs wish to file an amended complaint, they must do so by September 9, 2012." [Emphasis in original] A detailed analysis of the ruling will be provided by AVN in short order.