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Ben & Jerry’s Stops Porn Producers from Selling Allegedly Infringing Videos

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Ben & Jerry's ice cream by impulsivebuy on Flickr

Ben & Jerry's ice cream by impulsivebuy on Flickr

Well this is certainly one of the sexiest stories legal stories we’ve seen in a while here at LegalZoom.

A federal judge in Manhattan has granted Ben & Jerry’s Homemade Inc.’s request to temporarily stop pornographic film producers from selling DVDs that the ice cream makers say violate their trademarks and could cause confusion among consumers as to the source of the, ahem, goods.

Cabellero Video and Rodax Distributors are accused of inappropriately playing on Ben & Jerry’s flavor names and packaging in the production and sale of “Ben & Cherry’s” adult videos such as “Boston Creme Thigh” and “Peanut Butter D-Cup.” The company alleges such names are likely to cause “confusion, mistake or deception” among consumers who could believe the products come from Ben & Jerry’s.

Ben & Jerry’s argues in its complaint could create “an association of the Ben & Jerry’s family of marks and the Ben & Jerry’s trade dress with pornography” in consumers’ minds.

And it’s not just the names of the films that Ben & Jerry’s has taken issue with. The DVD covers also play heavily on the design of the ice cream containers as both feature “large white puffy clouds,” “light blue sky,” “green grass,” and “grazing cow,” among other similarities.

The lawsuit asks that the DVDs be removed from the market permanently and for unspecified damages.

What do you think? Would you believe the DVDs are associated with the ice cream company?

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September 7th, 2012 at 12:27 pm