Ben & Jerry’s sues over Ben & Cherry’s
(Associated Press)
You won’t find Ben & Jerry’s “Boston Cream Thigh” or “Peanut Butter D-Cup,” and if the ice cream maker has anything to do with it you won’t find the titles from Ben & Cherry’s.
Ben & Jerry’s Homemade Inc., the maker of “Boston Cream Pie” and “Peanut Butter Cup” ice cream varieties, is suing the maker of Ben & Cherry’s X-rated DVDs, claiming Rodax Distributors and Caballero Video of California is tarnishing Ben & Jerry’s reputation. According to media reports, the suit targets “exploitative, hardcore pornographic” products that resemble Ben & Jerry’s marketing.
The trademark lawsuit, filed in federal court in Manhattan, seeks unspecified damages. Rodax Distributors has not commented.
The suit targets the distribution and sale of DVDs that are packaged to resemble Ben & Jerry’s packaging, including grazing cows, large white puffy clouds and green grass.
Ben & Jerry’s sells its ice cream, frozen confections, frozen yogurt and sorbet in a variety of flavors in grocery and convenience stores, and at more than 400 Scoop Shops around the world, mainly in the U.S.
Ben & Jerry’s, however, is also known for some of its eyebrow-raising flavors, such as Schweddy Balls and Karamel Sutra.
(Commenting suspended)
Tell us what you think about the site
Customer Care »
Vacation stops, manage subscriptions and more
AJC Services
Sections
Other Editions
Visitor Agreement | Privacy Statement
© 2013 The Atlanta Journal-Constitution
46 comments Add your comment
Judge Smails
September 6th, 2012
1:25 pm
In order for Ben & Jerry’s to claim damages, they will have to prove that the porn company caused them harm or cost them money.
Because the two enterprises are so completely different, and the fact that they have no shared direct customers, it will be difficult to award damages.
Now, if Ben & Cherry’s were selling ice cream, you would have a direct cause for damages.
Anita
September 6th, 2012
1:31 pm
No case here. The two markets are completely different. I think it’s a great idea too.
salt
September 6th, 2012
1:37 pm
could not tarnish there rep anymore than their liberal politics have.breyers is better
wtf
September 6th, 2012
1:41 pm
Would they have been upset if the called it “Ben is a Cherry”
Not so fast my friend
September 6th, 2012
1:42 pm
I think they can build a most winnable case by proving the porn industry has infringed on the trademarks of their products, and have done so to leverage the marketability of the real Ben and Jerry.
UPGRAYEDD
September 6th, 2012
1:42 pm
Yummy, I loves me some New York Super Fudge Packer ice cream.
markie mark
September 6th, 2012
1:47 pm
as someone who used to own a food company, and got involved in trademark litigation “not so fast my friend” is dead on target…..
jwest
September 6th, 2012
1:55 pm
@salt: interesting you make that comparison. Both Ben & Jerry’s and Breyer’s are owned by the British-Dutch conglomerate, Unilever. Unilever probably doesn’t give a squat about the US liberal/conservative debate. And, the actual Ben and the actual Jerry and their political views aren’t really involved in the day-to-day operations of the company they founded, anymore.
Hot Sauce
September 6th, 2012
2:05 pm
They would have a case if they said in their movie…”He has moose tracks on his underwear!” Which would be referring to Mayfield ice cream. Therefore..NO case.
http://www.facebook.com/notquitedevils
Tech Man
September 6th, 2012
2:07 pm
Time for a Blue Bell break….
MoFaux
September 6th, 2012
2:20 pm
@ salt: Anyone who thinks Breyer’s ice cream is better than Ben & Jerry’s has tarnished their own rep.
RxDawg
September 6th, 2012
2:23 pm
I hope that this is no case. Porn industry has been mocking company names sense the begining of time (porn time). What gives Ben n Jerry the right to sue? I agree with the first poster. You’d think a couple of old hippies would have a better sense of humor about things.
Herp de Derp
September 6th, 2012
2:24 pm
“could not tarnish there rep anymore than their liberal politics have.breyers is better”
YARG. DO NOT WANT.
Your rep = tarnished now
cg
September 6th, 2012
2:49 pm
Hey Ben & Jerry! You two liberal pieces of crap deserve to have your name tarnished.
Let's Laugh
September 6th, 2012
3:10 pm
at the New York Super Fudge Packer ice cream.
Likes 361 Dislikes 0
hdag
September 6th, 2012
3:13 pm
ben and cherry viewers might use ben and jerry products as a prop
Bryce
September 6th, 2012
3:14 pm
The lawyer’s for Ben and Jerry’s probably don’t expect to win an actual case and recover actual damages. Rodax Distributors and Caballero Video are small outfits and won’t be able to fight the case in an open court so just filing the suit will be enough to quash the issue as Rodax’s pockets aren’t deep enough to defend the case. In the end, Rodax will simply cease and desist and the whole thing will end up being a free publicity win for Ben and Jerry’s…
Steve
September 6th, 2012
3:28 pm
Did someone actually say Breyer’s is better than Ben & Jerry’s? You are on crack. Set out a bowl of Breyer’s overnight and see how it looks the next morning.
Jim
September 6th, 2012
3:32 pm
I was shocked and humiliated when I discovered that Carnal Knowledge DVD was actually a pint container of “Car-mel Knowledge” ice cream. Ben and Jerry, you ruined my life!
Oyster Bar
September 6th, 2012
3:40 pm
Bryce: maybe Ben and Jerry will get a free lap dance out of it?
Mr. D.
September 6th, 2012
3:47 pm
Breyers is a whole lot better, no matter who owns them.
LawLaw
September 6th, 2012
3:57 pm
Ben and Jerry’s appears have a valid infringement lawsuit and will likely prevail. If Chick-fil-A can repeatedly win infringement suits similar in nature against non related businesses, so can Ben and Jerry’s.
Bixby Snyder
September 6th, 2012
4:01 pm
I’d buy that for a dollar!
Gary
September 6th, 2012
4:08 pm
I don’t buy Ben and Jerry’s ice cream due to their liberal leanings and financial suport of causes I don’t believe in but based on what I do know of them porn seems like a perfect fit!!
Play On Words
September 6th, 2012
4:09 pm
No case…Omaha Steak Company could sue for “Romancing The Bone.”
Me Too!
September 6th, 2012
4:15 pm
Gary
September 6th, 2012
4:08 pm
Me too!!
Me Too!
September 6th, 2012
4:16 pm
LawLaw
September 6th, 2012
3:57 pm
Please give examples, I never heard that and I read the AJC!!!!!!!
Tag
September 6th, 2012
4:18 pm
Just another example of what society has come to.
Decadence on two fronts.
Porn and $3 ice cream cones.
Rob
September 6th, 2012
4:19 pm
at Judge Smails… 1:25 pm
<<<<>>>>
speak for yourself but I enjoy a good tub of ice cream while watching porn!!!
To: Rob
September 6th, 2012
4:26 pm
That’s what the roman lower classes said as they watched the gladiators and ate free bread.
Bronc
September 6th, 2012
4:27 pm
Could go for a bowl of Boston Cream Thigh right now..
LawLaw
September 6th, 2012
4:41 pm
Google “Eat More Kale” and Chick-Fil-A. This is just one of many.
“Eat More Kale” makes organic tee shirts.
“Your client’s Eat More Kale Mark plays off of and imitates Chick-fil-A’s valuable EAT MOR CHIKIN Intellectual Property by using a prefix confusingly similar to Chick-fil-A’s federally registered EAT MOR CHIKIN trademarks,” Reggy writes. “Your client’s misappropriation of Chick-fil-A’s EAT MOR CHIKIN Intellectual Property, to play off of and benefit from the extraordinary fame and goodwill of Chick-fil-A’s trademarks, copyrights, and popular promotional campaign, is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A’s intellectual property and diminishes its value.”
BRW
September 6th, 2012
5:16 pm
How in Hell’s name do you retards bring liberal hating crazy-talk into every stinking topic on the web.
Talk radio truely has dumbed you down and is holding your pea-brain by the short hairs.
Get a life please, as no one wants to read your crap!
Clem
September 6th, 2012
5:31 pm
Take your pick, “Boston Cream Thigh” or “Schweddy Balls”. I think I’ll go with the thigh.
PatDowns
September 6th, 2012
6:20 pm
@BRW
September 6th, 2012
5:16 pm
Then don’t friggin’ read it! Is that simple enough for a libtard like you?
BILLY MAYS HERE
September 6th, 2012
6:41 pm
Judge Smails
September 6th, 2012
1:25 pm
In order for Ben & Jerry’s to claim damages, they will have to prove that the porn company caused them harm or cost them money.
Because the two enterprises are so completely different, and the fact that they have no shared direct customers, it will be difficult to award damages.
Now, if Ben & Cherry’s were selling ice cream, you would have a direct cause for damages.
WHOA DUDE ARE YOU A LAWYER OR SOMETHING
Lurkinator
September 6th, 2012
7:46 pm
IMHO, Chick-fil-A does a fine job of devaluing itself by jumping into the political arena. Serve your food keep your opinions to yourself, like your many wonderful employees do. Spend your money on world hunger groups instead of hate groups…or don’t.
On point, the porn industry is known for profiting from ripping off popular culture, as many here have already demonstrated. I’d be surprised to see how the ice cream guys could prove they lost money because someone purchased porn instead of ice cream. I respect the fact that companies have to protect their brand and image, but unless the adult entertainment industry gets into the dessert business, I think people have enough common sense to realize the diff.
TazManDevil
September 6th, 2012
8:33 pm
Personally, I can see how they are related…I love dipping my “spoon” into a pint of Chubby Hubby before feeding it to my wife !
Vote for Pedro
September 6th, 2012
10:05 pm
Many sexless crazy cat lady types turn to Ben and Jerry’s for their “satisfaction.”
If instead they turn to porn for satisfaction, Ben and Jerry incur financial loss.
AtlLaw 1993
September 6th, 2012
11:38 pm
The specific case law on this was decided in the case of “Hustler Magazine, Inc. et al. v. Jerry Falwell” in 1988. No harm is intended toward the celebrities featured in these stories, but they are public figures and in being so, they must accept that they are fair target for parodies by the public.
4minutestilwapner
September 7th, 2012
12:15 am
I think shall sue Ben and Jerry on account they have defamed my late uncles, Ben and Jerry Noodleshiner…they were known for their lactose intolerance, and now Ben and Jerry are implying they ate ice cream of pornographic names…..oh my family’s shame….somebody get me a lawyer….
BRW
September 7th, 2012
5:54 am
PatDown, I read the STORY, conserva-turd. And being liberal or an idiot like you had nothing to do with the STORY.
Simple enough for you?
Monroe's First Redcoat
September 7th, 2012
8:05 am
Does Ben & Cherry’s have 69 flavors?
1stcav
September 7th, 2012
8:08 am
Salt, that was my first thought also. They rail against the system but when they want the system to protect them, who do they run to. Boo hoo hoo hoo!!!
the Boss
September 7th, 2012
8:15 am
Hey, I heard Obama plans to add FREE monthly supplies of Ben & Jerrys to his entitlement plans!
Yea…more FREE STUFF on borrowed money from China.
Irvine progressive
September 13th, 2012
4:46 pm
Hey Mis-Judge Smails…what do you mean “no shared direct customers”? Many often eat ice cream while watching porn…they just don’t lick their fingers~!