Ben & Jerry's sues over X-rated Ben & Cherry's
NEW YORK (AP) - Ben & Jerry's sued the maker of Ben & Cherry's X-rated DVDs on Wednesday, saying the "hardcore pornographic" films have smeared the ice cream maker's reputation.
The trademark lawsuit in United States (US) District Court in Manhattan said the sale of hardcore and exploitive pornographic DVDs and related goods is tarnishing Ben & Jerry's Homemade'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 flavours 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 flavours titled: Boston Cream Pie, New York Super Fudge Chunk and Peanut Butter Cup.