AshleyMadison.com May Sue Competitor, Judge Says

LOS ANGELES — AshleyMadison.com may sue a competitor for using its distinctive mark of a woman with her finger on her lips, a federal judge has decided.

The dating website for extramarital affairs, operated by Avid Dating Life, is suing Infostream, which runs several competing dating websites, including SeekingArrangement.com and WhatsYourPrice.com.

Both parties reached an accord in a previous suit, under which Avid agreed to pay Infostream $60,000 to use the name "arrangement finders," and agreed not to challenge Infostream's "seeking arrangement" mark.

But the parties returned to fedreal court again, with both accusing each other of purchasing web advertising related to searches for the other's dating site.

AshleyMadison.com also accused Infostream of violating the legal settlement by using its "famous" trade dress of a woman with her finger pressed against her sealed lips, which it refers to as the "shush image."

AshleyMadison.com  says the consuming public associates this image with its website.

U.S. District Judge Dean Pregerson, the federal jurist in Vivid Entertainment's lawsuit over Measure B in Los Angeles, dismissed the majority of both claims with prejudice this month, but withheld judgment on who owns the rights to the shush image.

Infostream said that it used the image first, and "attempts to bolster its argument by asking this court to take judicial notice of a more or less identical image pulled from an Infostream website in 2006."

But "the mere fact that an image was displayed on a website at a certain time cannot conclusively establish ownership of the trade dress one way or another," Pregerson ruled. "While the disputed fact of ownership may or may not be resolvable on summary judgment, it cannot be determined at this stage."

Related:  

Copyright © 2026 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

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Elizabeth Skylar Launches Production Banner on VRPorn.com

Elizabeth Skylar has launched her own virtual reality production banner on VRPorn.com.

CrakRevenue Introduces 'Trend Explorer' Feature for Affiliates

CrakRevenue has debuted the new Trend Explorer feature for its affiliates.

Tube Sites Submitter Adds AI Video Description Generator

Tube Sites Submitter has introduced a new AI video description generator.

Pineapple Support Releases End of Year Review for 2025

Pineapple Support has released its End of Year Review for 2025, detailing the organization's achievements, challenges, and new initiatives.

Show More