Ben & Jerry’s Sues Over X-Rated DVDs

By Abby Ellin

Sep 6, 2012 12:15pm

 

ht ben and jerrys dm 120319 wblog Ben & Jerrys 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 News.com seeking comment.

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