Ben & Jerry's, adult film producer settle 'Ben & Cherry's' trademark lawsuit
Under a court-approved settlement with Ben & Jerry's, California-based Caballero Video, which is also known as Rodax Distributors, has agreed to stop manufacturing, distributing and selling its ‘Ben & Cherry’s’ DVD series.
The adult film range included titles such as ‘Boston Cream Thigh’, ‘New York Super Fat & Chunky’, and ‘Hairy Garcia’.
Ben & Jerry’s, which is a wholly-owned subsidiary of Unilever, filed a lawsuit against Caballero in September 2012 arguing that the titles were too similar to its ‘Boston Cream Pie’, ‘New York Super Fudge Chunk’, and ‘Cherry Garcia’ ice cream flavours.
The Vermont-based ice cream manufacturer also alleged that the DVD jackets of the 'Ben & Cherry's' series, which featured white clouds, grazing cows, green grass, and the slogan ‘Porno’s Finest’, mimicked its own packaging, which includes the slogan, ‘Vermont’s Finest’.
Within days of the lawsuit being filed, Ben & Jerry's was granted an injunction which ordered Caballero to bring a halt to the sale of the contested titles while the court case was on-going. The settlement was officially signed off by Judge Lewis Kaplan at the US District Court for the Southern District of New York earlier this week.
Under the settlement, Caballero Video agreed to stop “engaging in any conduct that is likely to dilute any of Plaintiffs’ trademarks or trade dress, or is likely to confuse, mislead or deceive purchasers.”
It was ordered not to use “designations” including ‘Ben & Cherry’s’, ‘Americone Cream’, ‘Chocolate Fudge Babes’, and ‘Peanut Butter D-Cups’.
The agreement also restrains Caballero from “manufacturing, selling, distributing, offering for sale, advertising, exhibiting, importing, exporting, or promoting” any products that display, reproduce or copy Ben & Jerry’s products, trademarks, intellectual property, trade dress, and other copyrighted materials.
