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

Sansyl Group Acquires Blue Donkey Media

Sansyl Group, parent company of AdultPrime Network, has acquired Blue Donkey Media B.V., owner of Dutch adult site Meiden van Holland, among several other erotic websites and television channels.

Pineapple Support to Hold Mental Health Summit

The annual Pineapple Support Mental Health Summit is taking place Dec. 15-17.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

New Age Verification Service 'BorderAge' Launches

French startup company Needemand has officially launched its subscription-based age verification solution, BorderAge.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Show More