By Jonathan Stempel
NEW YORK, Sept 12 (Reuters) – A movie studio has agreed to
recall pornographic DVDs whose titles and packaging mimic those
of Ben & Jerry’s ice cream.
Caballero Video also agreed to stop marketing and to destroy
materials used to make 10 titles in its “Ben & Cherry’s” X-rated
film series while a lawsuit against it is pending.
Ben & Jerry’s Homemade Inc, a unit of London-based Unilever
Plc, had sued Caballero on Sept. 5 for trademark
infringement.
It complained that DVD titles such as “Boston Cream Thighs,”
“Chocolate Fudge Babes,” “Peanut Butter D-Cups” were too similar
to its ice cream flavors Boston Cream Pie, Chocolate Fudge
Brownie and Peanut Butter Cup.
Ben & Jerry’s also said Caballero’s packaging played off its
own with images of puffy white clouds and grazing cows, just as
the slogan, “Porno’s Finest,” punned on “Vermont’s Finest.”
Terms of the recall and other restrictions were set forth in
a consent injunction signed by Caballero’s president, Tomer
Yoffe, and approved on Tuesday by U.S. District Judge Lewis
Kaplan in Manhattan.
Kaplan last Thursday had temporarily halted the DVD sales,
though his order did not require a recall.
Caballero’s formal name is Rodax Distributors Inc. The North
Hollywood, California, company did not immediately return a call
seeking comment on Wednesday, nor did a lawyer for Ben &
Jerry’s.
Ben & Jerry’s is based in South Burlington, Vermont, and
said it has sold about 45.6 million gallons of ice cream in the
last three years.
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.
