Ben and Jerrys OR Ben and Cherrys
09-06-2012 | 10:05 AM
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Ben and Jerrys OR Ben and Cherrys
Ben & Jerry's sues over X-rated "Ben & Cherry's"
Ben & Jerry's is suing the maker of "Ben & Cherry's" X-rated DVDs, saying the "hardcore pornographic" films have smeared the ice cream maker's reputation.
The trademark lawsuit was filed Wednesday in federal court in New York City. It says the sale of hardcore and exploitive pornographic DVDs and related goods would tarnish Ben & Jerry's Homemade Inc.'s name by creating an association with pornography.
The lawsuit by the Vermont-based company says the films would likely cause "confusion, mistake or deception" regarding the company's trademarks. It says some of the X-rated names are similar to its own. The names included "Boston Cream Thigh," ''New York Fat & Chunky" and "Peanut Butter D-Cup."
The lawsuit seeks unspecified damages. A message left with defendants Rodax Distributors and Caballero Video wasn't immediately returned.
Ben & Jerry's is suing the maker of "Ben & Cherry's" X-rated DVDs, saying the "hardcore pornographic" films have smeared the ice cream maker's reputation.
The trademark lawsuit was filed Wednesday in federal court in New York City. It says the sale of hardcore and exploitive pornographic DVDs and related goods would tarnish Ben & Jerry's Homemade Inc.'s name by creating an association with pornography.
The lawsuit by the Vermont-based company says the films would likely cause "confusion, mistake or deception" regarding the company's trademarks. It says some of the X-rated names are similar to its own. The names included "Boston Cream Thigh," ''New York Fat & Chunky" and "Peanut Butter D-Cup."
The lawsuit seeks unspecified damages. A message left with defendants Rodax Distributors and Caballero Video wasn't immediately returned.
09-06-2012 | 10:18 AM
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It wouldn't be an issue if it weren't for the film's names and the fact that the packaging resembles BJ's (hehe) ice cream cartons. Spoofing the name is one thing, but spoofing the entire buisness is brilliantly stupid. They basically forced this upon them selves knowingly. If you think about it, the lawsuit will make it impossible for them to continue any of the above once the verdict is thrown, making the products a bit of a "collectors item." I bet they are shipping 10+ times the numbers they did last week solely because of the publicity. Sucks for Ben & Jerry's too because you know the pornographers are going to fight the suit as long as they can to continue artificially inflated shipping. Meanwhile Ben & Jerry's has to fight it out just to protect the trademark.
09-06-2012 | 01:47 PM
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It wouldn't be an issue if it weren't for the film's names and the fact that the packaging resembles BJ's (hehe) ice cream cartons. Spoofing the name is one thing, but spoofing the entire buisness is brilliantly stupid. They basically forced this upon them selves knowingly. If you think about it, the lawsuit will make it impossible for them to continue any of the above once the verdict is thrown, making the products a bit of a "collectors item." I bet they are shipping 10+ times the numbers they did last week solely because of the publicity. Sucks for Ben & Jerry's too because you know the pornographers are going to fight the suit as long as they can to continue artificially inflated shipping. Meanwhile Ben & Jerry's has to fight it out just to protect the trademark.
