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

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

AEBN Reveals Kasey Kei as Top Trans Star for Q2 of 2026

AEBN has named its top trans stars for the second quarter of 2026, with Kasey Kei landing atop the leaderboard.

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Utherverse Launches 'Adult Game Fest' Virtual Convention

Virtual reality and metaverse technology company Utherverse is launching its inaugural Adult Game Fest convention and trade show, taking place Sept. 24-26.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

KiwiSourcing Joins Pineapple Support as Sponsor

Outsourcing and consulting firm KiwiSourcing has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

AdultHTML Introduces AI-First Development Services

AdultHTML has introduced an AI-first development service, giving clients access to experienced software developers who use AI to streamline software development.

Texas Court Orders Adult Site Domain Locked for AV Violations

A district court in Texas has issued a writ requiring domain registry Verisign to “lock” an adult website’s domain over noncompliance with the state’s age verification law.

Adult Web Hosting Service 'QloudHost' Launches

QloudHost, a new web hosting service for adult websites, has launched.

Peter Hooke Launches New Paysite

Peter Hooke has launched an official website through PAYSITE.

Show More