Which came first, actress Ashley Madison or cheating-spouse website AshleyMadison.com?

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Which came first, actress Ashley Madison or cheating-spouse website AshleyMadison.com?

Thu Dec 17, 2009 @ 10:12AM PST

By Eriq Gardner

Ashley-madison Normally we wouldn't care too much about a cybersquatting claim by a minor actress named Ashley Madison, best known for a brief affair with James Woods and a role on "Entourage." But the countersuit in the case caught our eye.

Last week, Madison sued AshleyMadison.com, a dating website that proudly encourages married individuals to have an affair and has unsuccessfully attempted to advertise during the Super Bowl. (The site recently offered Tiger Woods $5 million to be a sponsor.)

Now the website has reportedly filed a $1 million countersuit against the actress for, ahem, cheating the website's trademark. The site alleges that the actress' real name is Ashley Madison Myrick and she only began using her "stage name" in 2005, three years after the website registered "Ashley Madison" with the U.S. Patent & Trademark Office. Here's the trademark registration

Since taking stage names is common in Hollywood, here's some free legal advice: Before changing a name, do a quick search at the USPTO's website.

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The Hollywood Reporter
The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to [email protected]

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