SMAshleyMadison Ordered Transferred to Cheating-Spouse Dating Site

TORONTO — An arbitrator has sided with cheating-spouse dating site AshleyMadison.com in a cybersquatting case involving the domain name SMAshleyMadison.com.

Avid Dating Life, the parent company of AshleyMadison.com that holds trademarks for the brand, told the dispute resolution judge that SMAshleyMadison.com, registered in June by Erin Nemshick of Philadelphia, received revenue through pay per clicks offering sponsored links from competing dating sites and impeded on its operation.

AshleyMadison's parent had asked the arbitrator to order the site turned over to the dating site giant, which since its founding in 2001has seen steady gains in revenue, multiplying 18 times in the past six years to $63.6 million in the latest figures available for the year 2012.

Further, the dating giant claimed that SMAshleyMadison.com was a rip off of its domain name that included an addition — SM — in reference to "sado masochism."

But Nemshick, the owner of the domain, strongly denied that claim, arguing that the word “smashley” has established stand-alone meaning. He further contended that, at best, for AshleyMadison.com's case, the disputed domain name only rhymes with the complainant’s trademark.

"In connection with the word 'smashley' stand-alone meaning, the respondent presents evidence showing that the word 'smashley' means 'someone named Ashley who can’t hold her alcohol, a combination of the words 'smashed' and 'Ashley,'" the WIPO arbitrator said in his decision.

"The respondent argues that the complainant cannot claim rights in instances where 'Ashley' or 'Madison' are combined with other words," the arbitrator said. "The respondent also refers to Google searches for 'smashley madison,' stating that the only reference to Ashley Madison as a consequence of the above stated search was in the paid search results and that the results demonstrate that 'smashley' was a fairly common nickname and slang term."

However, in the end, the arbitrator ruled against Nemshick, deciding that he had registered and used the domain name in bad faith, and ordered the domain transferred.

  

Related:  

Copyright © 2024 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

MojoHost Releases Statement on the Future of Adult

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

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

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Show More