Coalition for ICANN Transparency Inc. v. VeriSign, Inc.

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

Defendant VeriSign, Inc. (‘VeriSign”) and defendant Internet Corporation for Assigned Names and Numbers (“ICANN”) both move to dismiss plaintiffs First Amended Complaint (“FAC”) for failure to state a claim. Plaintiff Coalition For ICANN Transparency, Inc. (“CFIT”) opposes both motions. The court has read the moving and responding papers and considered counsels’ arguments. For the reasons set forth below, the court GRANTS defendants’ motions to dismiss. Plaintiff has twenty (20) days from the date of this order to amend its complaint or it may elect to proceed on its proposed second amended complaint.

I. BACKGROUND

This action involves two types of services related to Internet domain names. The factual allegations relevant to the present motions are set forth in this order. Additional factual background is set forth in the court’s February 28, 2006 Order Denying Verisign’s Motion to Dismiss and Granting Defendants’ Motions for Judgment on the Pleadings (“Feb.2006 Order”).

A. The Parties

CFIT is a nonprofit membership organization whose members include certain Internet domain registrars, registrants, back order service providers,…