Ben & Jerry's Sues Over X-Rated DVDs
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.