Ben & Jerry's, the ice-cream company that likes to push the limits with its own unique sense of edgy humor, has finally reached a limit.
The frozen-treat manufacturer, known for its pop-culture-inspired ice-cream names, is suing the producers of Ben & Cherry's adult DVDs, saying the "hardcore pornographic" videos and related goods are tarnishing the Ben & Jerry's name.
The trademark lawsuit, filed in Manhattan's U.S. District Court, names Rodax Distributors and Caballero Video as defendants. According to Bloomberg Businessweek, the complaint claims "the hardcore and exploitive pornographic infringing Ben & Cherry's DVDs" are likely to confuse consumers by "creating an association of the Ben & Jerry's family of marks and the Ben & Jerry's trade dress with pornography."
Along with naked women engaging in sexual acts, the DVDs depict a blatant copying of the Ben & Jerry's brand -- complete with familiar logo (white, fluffy clouds and all). The titles of the videos are also similar to the ice-cream company's flavor names, with names such as Boston Cream Thigh (Boston Cream Pie), New York Fat & Chunky (New York Super Fudge Chunk), and Peanut Butter D-Cup (Peanut Butter Cup).
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For years, the adult film industry has been pumping out parodies of mainstream movies and using celebrity lookalikes such as Sarah Palin (and actual celebrities) to attract audiences. Parodies are generally protected from trademark infringement lawsuits.
But don't take our word for it -- make your own conclusions. Here is a Ben & Jerry's ice-cream container:
And here's a picture of the cover of the Ben & Cherry's Boston Cream Thigh DVD (caution: NSFW), after the jump: