.XXX Press Release Was Protected Speech, Manwin Says

LOS ANGELES — All of ICM Registry's claims fail in its $40 million countersuit against Manwin, the adult entertainment conglomerate said in court filings on Friday.

Attorneys for Manwin, which initially sued ICM Registry for  monopolization and price gouging in its operation of the .XXX top-level domain, argue that the countersuit is deeply flawed for a variety of reasons, most fundamentally because ICM Registry purports that Manwin and its Digital Playground unit "somehow monopolize an ill-defined 'online search' market."

"Recognizing that Manwin could never monopolize such a market, ICM attempts a bait and switch and instead alleges Manwin’s supposed sales volume in other purported 'markets' — such as for adult tube sites,” Manwin counsel said in their motion to dismiss first-amended counterclaims.

"What ICM in fact alleges is no more than Manwin’s vigorous and proper opposition to .XXX and ICM’s own illegal practices. Such opposition, including this suit, may displease ICM but does not negatively affect competition in any cognizable market and could never support an antitrust claim."

On Friday, Manwin attorneys simultaneously filed a special motion to strike state claims using California's Strategic Lawsuits Against Public Participation statute, also known as SLAPP.

In the special motion, Manwin said that counterclaims should be dismissed because ICM Registry can't prove that Manwin's speech in a press release was not protected activity in opposing .XXX

Manwin attorneys were referring to a Dec. 2 Manwin press release disseminated by Communications Director Kate Miller that said:

"In addition to the lawsuit filed on Nov. 16, 2011, Manwin has determined to cease any and all Internet liaisons with the .XXX top-level domain.

"As of today, Manwin has banned all activities between its  brands and internet sites registered with a .XXX TLD.

“'We oppose the .XXX domain and all it stands for,' said  Fabian Thylmann, Managing Partner of Manwin. 'The lawsuit was just the beginning. Through this ban, we hope to make a strong statement against the .XXX domain.'

"Manwin will no longer permit content from or advertising for .XXX websites on its tube sites.In addition, Manwin will not permit its content to be used or advertised on .XXX websites. This will prevent ICM or .XXX from exploiting the 60 million daily visitors to Manwin’s network sites.

"By permanently blocking the .XXX domain, Manwin  hopes to send a clear message that it does not support ICM or .XXX."

Manwin counsel said that California’s anti-SLAPP statute would be appropriately employed in its special motion because it summarily disposes of meritless causes of action intended “to chill or punish a party’s exercise of constitutional rights to free speech and to petition the government for redress of grievances."

Both ICM Registry’s counterclaims are subject to the anti-SLAPP statute, Manwin attorneys said, because they are based in large part on protected alleged Manwin speech or conduct.

"Public speech on a matter of public interest is protected activity under the anti-SLAPP statute; even private speech  about a matter of public interest is protected," Manwin counsel said. "Manwin’s speech about and criticizing .XXX is plainly about a matter of  public interest."

Manwin has asked for counterclaims to be dropped, as well as attorneys fees if the court grants the anti-SLAPP motion.

The legal battle between the two entities has been raging for more than a year now.

Manwin filed its original suit in November 2011, alleging that ICM Registry received the original and renewal registry contracts without competition, is charging above-market .XXX prices, imposes other anticompetitive .XXX sales restrictions and has, because of its ICANN contract, precluded other adult-oriented top-level domains from operating. 

In October, ICM Registry filed its $40 million countersuit against Manwin, alleging that Manwin's current dominance in the adult industry is so strong that many porn entrepreneurs are forced to advertise and release content on Manwin-owned network platforms.

Manwin, as well as its Digital Playground division, also allegedly engaged in predatory acts to prevent and coerce others in the adult entertainment industry from utilizing the .XXX TLD platform.

Officials from both ICM Registry and Manwin did not respond for XBIZ comment by post time.

A hearing on the anti-SLAPP motion and motion to dismiss is slated for Feb. 11 at U.S. District Court in Los Angeles.

View special motion to strike (anti-SLAPP)

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Keiran Lee Guests on Chaturbate's 'Sex Tales' Podcast

Keiran Lee is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying customers access to services based on lawful business activities perceived as high-risk.

AEBN Publishes Report on Ejaculate Trends

AEBN has published a report on ejaculate categories from its straight and gay theaters.

Chaturbate to Hold 'CB15' Creator Retreat in Arizona

Chaturbate will hold its CB15 creator retreat in Scottsdale from April 20-23.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

ProDx Health Joins SextPanther as New Testing Partner

ProDx Health has joined SextPanther as its new testing partner.

Kazumi Guests on Chaturbate's 'Sex Tales' Podcast

Kazumi is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

WIFEY Publishes 'Hotwife Paradox' Report

Vixen Media Group studio imprint WIFEY has published a report on the hotwife lifestyle.

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Show More