A Ben and Jerry’s lawsuit is taking aim at the distributor of X-rated DVDs that is using the ice cream brand’s clever product names to peddle pornography.
The South Burlington Vermont, company is suing Rodax Distributors and Caballero Video of North Hollywood, California for trademark violations. The Ben and Jerry’s lawsuit claims that the titles of the distributor’s adult movies — Boston Cream Thighs , Peanut Butter D-Cup , and Hairy Garcia are among them — violate the ice cream company’s trademarks, ABC News reported.
Ben and Jerry’s is known for creative ice cream titles with brands like Boston Cream Pie, Peanut Butter Cup, Cherry Garcia, and New York Super Fudge Chunk.
The Ben and Jerry’s lawsuit was filed in US District Court in Manhattan on September 5 and claims that the sale of 10 “exploitative, hardcore pornographic” movies in Caballero’s Ben & Cherry’s line harms the reputation of Ben & Jerry’s Homemade Inc.’s by linking it with pornography.
The Ben and Jerry’s lawsuit is seeking unspecified damages and aims to stop distribution of Caballero’s adult movies that use the ice cream maker’s product names.
The DVDs have a clear Ben and Jerry’s theme. The cover of the DVDs feature naked men and women against a background of grazing cows, an obvious rip-off of the Ben and Jerry’s cartons, the ice cream maker claims. Rodax had even named the movie line Ben and Cherry’s , Reuters noted.
The suit also maintains that these images will cause “confusion, mistake or deception” among ice-cream buyers.
Both Caballero and Rodax refused to respond to ABC News regarding the Ben and Jerry’s lawsuit.
