Home > News > SMAshleyMadison Ordered Transferred to Cheating-Spouse Dating Site • Bookmark   • Newsletters   • Register Search Options


SMAshleyMadison Ordered Transferred to Cheating-Spouse Dating Site

SMAshleyMadison Ordered Transferred to Cheating-Spouse Dating Site
Get XBIZ News
Nov 25, 2014 2:45 PM PST    Text size: 

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.


More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling. We have, even as a law firm, been hit with an unbelievable amount of spam sent out by law firms... More »

2017 Outlook: Legal Matters Around the Corner

The adult entertainment business’ legal community recently weighed in the top issues that companies and the industry, as a whole, should be concerned about. XBIZ asked industry attorneys to discuss... More »

Fraudulent Brazilian Trademark Registrations Running Rampant

Although you might not think often about protecting your trademark rights in Brazil, you need to — even if you don’t yet have a single Brazilian customer. Scammers are constantly looking for... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.


The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona


Mar 31 - Apr 02
Denver, CO.
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!