Can ISP's continue to throttle Bit Torrent?

An official Bit Torrent video store is getting set to launch. Many ISP's are throttling bandwidth due to bittorrent. Who will win the batle?

It would seem like a prime opportunity for a legit bit torrent site to file a lawsuit against ISP's that throttle bandwidth saying they are taking business away from throm by throttling. ISP's claim they throttle because of the pricacy associated with bittorrent in general. I wonder if that would be a lawsuit that the bittorrent store could win?