Ben & Jerry's sues over X-rated DVDs
NEW YORK (AP) - Ben & Jerry's considers "Ben & Cherry's" in bad taste.
The ice cream maker that introduced the flavors Schweddy Balls and Karamel Sutra sued the maker of "Ben & Cherry's" X-rated DVDs Wednesday, saying the "hardcore pornographic" films have smeared its reputation.
The trademark lawsuit in U.S. District Court in Manhattan said the sale of hardcore and exploitive pornographic DVDs and related goods is tarnishing Ben & Jerry's Homemade Inc.'s name by creating an association with pornography. It said the claims arise from the distribution and sale of a series of DVDs containing "exploitative, hardcore pornographic films" featuring titles and themes based on "well-known and iconic" Ben & Jerry's ice cream flavors as well as packaging that contains key company features such as a grazing cow, green grass and large white puffy clouds.
The lawsuit by the Vermont-based company said the films would likely cause "confusion, mistake or deception" regarding the company's trademarks. It identified some of the X-rated names similar to its own as "Boston Cream Thigh," ''New York Fat & Chunky" and "Peanut Butter D-Cup." Ben & Jerry's has ice cream flavors titled: "Boston Cream Pie," ''New York Super Fudge Chunk" and "Peanut Butter Cup."
For nearly 35 years, Ben & Jerry's has produced and sold ice cream, frozen confections, frozen yogurt and sorbet, building the reach of its trademarks through more than 300 Ben & Jerry's Scoop Shops in the United States and another 150 shops internationally, as well as through supermarkets, drugstores, delis, ice cream cars and online, the lawsuit said.
The lawsuit seeks unspecified damages. A message left with defendants Rodax Distributors and Caballero Video at their North Hollywood, Calif., offices wasn't immediately returned.
The ice cream maker that introduced the flavors Schweddy Balls and Karamel Sutra sued the maker of "Ben & Cherry's" X-rated DVDs Wednesday, saying the "hardcore pornographic" films have smeared its reputation.
The trademark lawsuit in U.S. District Court in Manhattan said the sale of hardcore and exploitive pornographic DVDs and related goods is tarnishing Ben & Jerry's Homemade Inc.'s name by creating an association with pornography. It said the claims arise from the distribution and sale of a series of DVDs containing "exploitative, hardcore pornographic films" featuring titles and themes based on "well-known and iconic" Ben & Jerry's ice cream flavors as well as packaging that contains key company features such as a grazing cow, green grass and large white puffy clouds.
The lawsuit by the Vermont-based company said the films would likely cause "confusion, mistake or deception" regarding the company's trademarks. It identified some of the X-rated names similar to its own as "Boston Cream Thigh," ''New York Fat & Chunky" and "Peanut Butter D-Cup." Ben & Jerry's has ice cream flavors titled: "Boston Cream Pie," ''New York Super Fudge Chunk" and "Peanut Butter Cup."
For nearly 35 years, Ben & Jerry's has produced and sold ice cream, frozen confections, frozen yogurt and sorbet, building the reach of its trademarks through more than 300 Ben & Jerry's Scoop Shops in the United States and another 150 shops internationally, as well as through supermarkets, drugstores, delis, ice cream cars and online, the lawsuit said.
The lawsuit seeks unspecified damages. A message left with defendants Rodax Distributors and Caballero Video at their North Hollywood, Calif., offices wasn't immediately returned.
Rule 36 (or was it 39?): If it exists....there is a porn of it.
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I think Ben & Jerry's are just wasting money with this stupid lawsuit.
Porn parodies everything these days. Porn normally just makes me want to put my clothes on, it is so bad. But the parodied titles make me laugh. It's a first amendment thing and a copyright thing, but I believe the law boils down to: change the thing by a certain percentage, and you're not infringing on the copyright.
Man how about bustin cherry Garcia. flavor or DVD? A new game. LOL i could think of more but i digress.
Did somebody confuse me with some ice cream??
Unless the porn actors are eating Ben and Jerry's during their ummmm on screen performance, I don't see how this is "smear its reputation." Ben and Jerry's is just giving the porno some extra publicity!
 @Tattooed_Angel or the other way around- porn is giving Ben & Jerry's some publicity. They'll probably lose a law suit if they pursue one.
I think Ben and Jerry's has done more then enough to confuse people about their business. Nothing like a ice cream company marketing itself as aging erectile dis-functional hippies(get us out of vietnam man!) when they are actually owned by a multi million dollar Danish food company. You know, those evil global corporationsman.
"The lawsuit by the Vermont-based company said the films would likely cause "confusion, mistake or deception"
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Yea, when was the last time anyone heard of putting Schweddy Balls into a DVD player.?????
 @EASTSIDE 1 or eating a dvd?
Who is confusing porn with ice cream?
 @Stock Woodie My wife and I were trying to figure out the similarities, all we could figure was;
A> Either might involve headaches
B> Too much of either is probably going to be bad for you
C> Either might involve licking?
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I got nothing... Guess it's a publicity thing...
How about either should involve chocolate?
 @Stock Woodie You probably don't wanna know...