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 © 2025 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

FSC 2026/2027 Board Members Announced

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Pineapple Support Names Natalie Pereira Executive Assistant

Pineapple Support has appointed Natalie Pereira as its new executive assistant.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online industry edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Show More