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