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 © 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

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

VRPorn.com Releases 2025 'Annual Report'

VRPorn.com has released its Annual Report, highlighting its audience favorites from throughout 2025.

MrPornGeek Launches 'Visibility Boost' System

MrPornGeek has launched a new visibility boost system.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Show More