Ben & Jerry's Sues Over X-Rated DVDs

Image Credit: Ben & Jerry's

Boston Cream Pie. Peanut Butter D-Cup. Hairy Garcia.

Nope, these are not the latest ice-cream flavors from Ben & Jerry's. They are the names of X-rated DVDs that have left a sour taste in the mouth of Ben & Jerry's execs.

And so, the South Burlington, Vt., ice cream-company - a unit of Unilever NV - has sued Rodax Distributors and Caballero Video of North Hollywood, Calif., for trademark violation and for tainting Ben & Jerry's wholesome name.

According to the lawsuit, filed in U.S. District Court in Manhattan Sept. 5, the distribution and sales of 10 "exploitative, hardcore pornographic" DVDs in Caballero's Ben & Cherry's line ("New York Fat & Chunky!" "Boston Cream Thigh!") tarnishes Ben & Jerry's Homemade Inc.'s reputation by linking it with pornography.

The suit claims the DVDs' packaging, which includes images of naked men and women set against grazing cows, green grass and marshmallow-white clouds, is a direct rip-off of Ben & Jerry's own packaging, and that the DVDs will cause "confusion, mistake or deception" among ice-cream buyers, as Boston Cream Pie, Peanut Butter Cup, Cherry Garcia and 'New York Super Fudge Chunk are among the company's ice-cream offerings.

The lawsuit seeks unspecified damages, along with a court order requiring Caballero to destroy the DVDs and promotional materials in question.

Neither Rodax nor Caballero returned calls from ABC seeking comment.

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