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 seeking comment.

You are using an outdated version of Internet Explorer. Please click here to upgrade your browser in order to comment.
blog comments powered by Disqus