Vermont-based Ben & Jerry’s, which is a wholly-owned subsidiary of Unilever, has filed a trademark infringement lawsuit against California-based Rodax Distributors – the makers of the ‘Ben & Cherry’s’ series.
According to the lawsuit, Rodax Distributors made and sold pornographic films featuring titles based on well-known Ben & Jerry’s ice cream flavours including ‘Boston Cream Thigh’ – an alleged revision of the Boston Cream Pie ice cream flavour.
The lawsuit also cites the films ‘New York Super Fudge Chunk’ and ‘Peanut Butter D-Cup’, which bear similarities to the Ben & Jerry’s New York Fat & Chunky and Peanut Butter Cup flavours.
The court-filed document also alleges that the DVD jackets of the ‘Ben & Cherry’s’ series, which feature grazing cows and green grass, mimic Ben & Jerry’s ice cream products packaging.
Protect its brand
“Ben & Jerry’s filed a lawsuit on Wednesday September 05, 2012 to halt the production and sale of pornographic material which utilised Ben & Jerry’s likeness,” said a statement sent to DairyReporter.com.
“The ice cream maker acted to protect its company, brand, products and image.”
“This is a clear cut issue where the video company is imitating Ben & Jerry’s logo, flavour names and trade dress to sell their products. We have taken prompt legal action to stop the manufacturing and sale of these materials,” the statement added.
The lawsuit, which was filed at the US District Court in Manhattan, New York, Ben & Jerry's calls for a halt to the production and sale of pornographic material which utilises Ben & Jerry’s likeness, by Rodax Distributors.
The firm is also seeking unspecified damages relating to the alleged trademark infringement.