ICANN is in the clear.
An antitrust lawsuit against ICANN has been dropped, as the 9th Circuit declared that the plaintiff cannot proceed with antitrust claims.
Name.space, a registry specializing in so-called “expressive” top-level domains such as .art and .food, opposed ICANN’s new round of gTLD applications in California in 2012.
In that lawsuit, Name.space claimed that it had applied to ICANN for 114 gTLDs in 2000, for a $50,000 fee. ICANN allegedly approved only seven new gTLDs, none of which were awarded to Name.space.
In 2012, ICANN began to accept gTLD applications and the $185,000 fee was “too high” for Name.space, which did not apply.
These actions, Name.space asserted, were a conspiracy between ICANN, its board members and industry insiders.
In the lawsuit, Name.space alleged antitrust violations under the Sherman and Lanham Acts, California’s Cartwright Act the state’s business and professions code. The lawsuit also included common-law trademark, unfair competition and tortious interference claims.
In 2013, a district court granted ICANN’s motion to dismiss, holding that the trademark and unfair competition claims did not present “a justiciable case or controversy,” and that the other claims failed to state a claim upon which relief could be granted.
Name.space elected not to amend, and final judgment was entered in favor of ICANN.
You can read the final judgement or head over to Court News for the full coverage.
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