NEW YORK -- 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.
