Caballero settles with Ben & Jerry’s over trademarked titles

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from – So much for “Boston Cream Thigh” and “Peanut Butter D-Cups.”

A North Hollywood pornography studio has agreed to not release products with titles and packaging that take inspiration from Ben & Jerry’s trademark ice cream flavors.

The porn maker Caballero Video, also know as Rodax Distributors Inc., has reached a settlement with Ben & Jerry’s, according to the law firm representing the sweets maker. The porn company will comply with a court order, filed Monday, to not sell products including the 10 titles in its “Ben & Cherry’s” series.

Ben & Jerry’s had said that Caballero didn’t have permission to reference Ben & Jerry’s or its trademarked ice cream flavors, which have names that the filmmakers evidently found to be a creative goldmine.

Ben & Jerry’s flavor names include “Banana Split,” “Cherry Garcia” and “Everything But the…” — all of which became fodder for X-rated fare in Caballero’s hands. Caballero also used packaging that resembled Ben & Jerry’s well-known clouds and cows imagery.

The Vermont ice cream company sued Caballero last September. The studio was ordered by the court to not distribute the videos while the case was pending and the company recalled the titles.

Ben & Jerry’s, a subsidiary of Unilever, distributes its products around the world in supermarkets, convenience stores, Ben & Jerry’s Scoop Shops, restaurants and other venues.

The porn industry frequently takes its titles from popular culture, especially hit movies. Examples include “The XXXorcist,” “Raiders of the Lost Arse,” “A Clockwork Orgy” and “American Booty.”

Ben & Jerry’s did not immediately respond to a request for comment.

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