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ICM/ICANN files motions to dismiss adult domain lawsuit

By  |  January 22, 2012

ICM and ICANN have filed motions to dismiss in the ongoing lawsuit between the .XXX domain and YouPorn owners Manwin.

Jones Day attorneys for co-defendant ICANN makes its §12(b)(6) motion on the grounds that ICANN, as a “non-profit public benefit corporation,” cannot incur antitrust liability because it is not engaged in “trade or commerce.” Moreover, the motion continues, no relevant product market is alleged in the complaint for ICANN to even participate in, if it could.

In a memo supporting ICM’s motion to dismiss, Wilmer Hale attorneys charge that Manwin can only allege hypothetical harm to its own businesses, instead of actual harm to competition or consumer welfare, as required under the pleading standard for antitrust violations.

To download ICANN’s motion to dismiss, click here.
To download ICM’s motion to dismiss, click here.

 

Related content: Ashcroft v. Iqbal: Taking Twombly a Step Further (Caroline Mitchell & David Wallach, Jones Day)