ICANN claims Name.Space released ICANN from claims when it applied for top level domains in 2000.
ICANN has (not surprisingly) filed a Motion to Dismiss the lawsuit brought by Name.Space against ICANN for its new top level domain program.
Name.Space runs an alternative root with a number of its own top level domains, such as .art and .book. Back in 2000 Name.Space applied to ICANN to run 118 of these top level domains in the main root.
ICANN’s starting defense: Name.Space executed a release of ICANN when it applied in 2000.
According to ICANN, that release stated that Name.Space had “no legally enforceable right” in any TLD and released ICANN from “any and all claims” relating to name.space’s application or ICANN’s “establishment or failure to establish a new TLD.”
ICANN argues that, even if this release did not bar the company’s claims, all of its other claims are likewise defective.
Even if the release did not bar name.space’s claims, every one of its claims is otherwise defective. For example, name.space charges ICANN with a conspiracy in violation of the antitrust laws, but name.space alleges no facts plausibly suggesting the existence of this conspiracy, its members or its terms. Name.space also alleges that ICANN is a monopolist, but this claim fails because ICANN is legally incapable of monopolizing the alleged “TLD registry market,” a market in which it does not compete. Name.space further claims that it has trademark rights in 482 TLDs and that these rights will be violated “if and when” ICANN approves competing TLDs delegated under the same names, but the Complaint makes clear that ICANN has not yet approved any new TLDs for use in commerce, meaning name.space’s trademark claims are not ripe. Name.space alleges claims for tortious interference with its business relationships but offers no facts regarding these relationships or ICANN’s acts designed to disrupt the relationships. Finally, name.space asserts an unfair competition claim against ICANN, but that claim is dependent on – and fails with – name.space’s other causes of action.
You can read the full Motion to Dismiss here.
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