Trademark Infringement Claim by Ben & Jerry's against Porn Company
As reported by Gina Bullard of WCAX (Full transcript):
Gina Bullard (WCAX Reporting): When you dig into a cone of Boston Cream Pie flavored Ben & Jerry’s Ice Cream, the last thing the company wants you to think of is “Boston Cream Thigh”.
It’s what pornography company Rodax Distributors and Caballero Video are hoping you eat up. With its line of XXX videos called Ben & Cherry’s, taking the iconic Vermont brand to a hardcore level.
Burlington Resident: I’m insulted by it, as being a woman, and kids eat the ice cream. How are we coming across to our children?
Gina Bullard (WCAX Reporting): It’s put a bad taste in Ben & Jerry’s mouth as well. That’s why it’s suing the movie company for selling the DVDs. The ice cream maker claims the videos violate its trademarks and hurt its reputation.
Burlington Resident: Ben & Jerry’s is kind of a staple of Vermont and we’re old fashioned, we’re family…
Gina Bullard (WCAX Reporting): Take a look at this, for example. On the left is the ice cream flavor Chocolate Fudge Brownie, on the right, the DVD “Chocolate Fudge Babes”. Other movies include “Peanut Butter D-Cup” and “New York Fat & Chunky”. Other titles are too steamy for TV.
Allison Kingsley: …because at the end of the day, you don’t want your ice cream brand confused with pornography…
Gina Bullard (WCAX Reporting): But some find the humor in it and say that Ben & Jerry’s pushing the envelope as well.
Essex Junction Resident: Ben & Jerry’s almost is asking for it with flavor name like Schweddy Balls and stuff like that…
Gina Bullard (WCAX Reporting): University of Vermont Business Professor Allison Kingsley says this marketing strategy is smart for Ben & Cherry’s DVDs. The controversy is driving customers to its product, but in the end could be costly if it loses the lawsuit. The adult entertainment industry has a history of using parodies of mainstream movie titles and getting away with it.
Allison Kingsley: They’ve been able to continue that practice when there’s big money involved in the movie industry, that they may be able to win against Ben & Jerry’s and the ice cream industry.
Gina Bullard (WCAX Reporting): Because this is an ongoing legal matter, Ben and Jerry’s issued this statement:
This is a clear-cut issue where the video company is imitating Ben & Jerry’s logo, flavor names and trade dress to sell their products. We have taken prompt legal action to stop the manufacturing and sale of these materials.
Allison Kingsley: If even one customer thinks about “Harry Garcia” when they go to by Cherry Garcia, that’s probably a problem.
Gina Bullard (WCAX Reporting): “Vermont’s Finest” fighting for its name against what the moviemaker calls, “Porno’s Finest”. Gina Bullard, Channel 3 News, Burlington.
Related:
Ben & Jerry's Wins Court Order To Prohibit Distribution Of 'Ben & Cherry's' Porn DVDs - Huffington Post
Ben & Jerry’s Sues Over X-Rated DVDs - ABC News
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