Caballero Home Video Incurs the Wrath of Ben & Jerry’s in Trademark Infringement Case

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NEW YORK — Ben & Jerry’s is suing the maker of “Ben & Cherry’s” X-rated DVDs, saying the “hardcore pornographic” films have smeared the ice cream maker’s reputation.

The trademark lawsuit was filed Wednesday in federal court in New York City. It says the sale of hardcore and exploitive pornographic DVDs and related goods would tarnish Ben & Jerry’s Homemade Inc.’s name by creating an association with pornography.

The lawsuit by the Vermont-based company says the films would likely cause “confusion, mistake or deception” regarding the company’s trademarks. It says some of the X-rated names are similar to its own. The names included “Boston Cream Thigh,” ”New York Fat & Chunky” and “Peanut Butter D-Cup.”

The lawsuit seeks unspecified damages. A message left with defendants Rodax Distributors and Caballero Video wasn’t immediately returned.

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