Ben & Jerry's, porn producer settle lawsuit over DVD titles
A southern California pornography studio has reached an agreement with Ben & Jerry's not to release DVDs and other X-rated products whose names pay homage to the company's ice cream flavors.
The agreement made public on Tuesday resolves a trademark infringement lawsuit that Ben & Jerry's filed last September against Caballero Video, also known as Rodax Distributors Inc.
It calls for Caballero to stop selling a variety of products including its "Ben & Cherry's" film series, which included 10 titles such as "Boston Cream Thighs," "Chocolate Fudge Babes" and "Peanut Butter D-Cups."
Ben & Jerry's had claimed that such titles were too similar to its ice cream flavors such as Boston Cream Pie, Chocolate Fudge Brownie and Peanut Butter Cup.
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The agreement also covers labels, packaging and advertising that mimicked Ben & Jerry's own. Caballero's packaging featured puffy white clouds and grazing cows, and the slogan "Porno's Finest." Ben & Jerry's uses the slogan "Vermont's Finest."
A week after Ben & Jerry's sued, Caballero had agreed not to market the challenged titles while the case was pending.
U.S. District Judge Lewis Kaplan approved the consent judgment between the parties on Monday.
Ben & Jerry's is based in South Burlington, Vermont, and is a unit of Unilever.
Caballero has offices in North Hollywood, California. It did not immediately respond to a request for comment. A lawyer for Ben & Jerry's did not immediately respond to a similar request.
The case is Ben & Jerry's Homemade Inc et al v. Rodax Distributors Inc et al, U.S. District Court, Southern District of New York, No. 12-06734.