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 © 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

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

JuicyAds Marks 20-Year Anniversary

JuicyAds is celebrating its 20th anniversary.

AEBN Publishes Popular Searches for January, February

AEBN has published the top search terms for January and February from its straight and gay theaters in all 50 states and the District of Columbia.

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

New Creator Networking Platform 'CollabGPS' Launches

CollabGPS, a new creator networking platform designed to facilitate safe collaboration, has officially launched.

Chaturbate Launches Yearlong 15th Anniversary Campaign

Chaturbate has launched a yearlong campaign to celebrate its 15th anniversary, titled “CB15.”

Show More