Ben & Jerry's Wins Recall Of 'Ben & Cherry's' Porn DVDs

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BEN AND JERRYS BEN AND CHERRYS PORNOGRAPHY
Caballero Home Video


By Jonathan Stempel

NEW YORK (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 September 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.

(Editing by Martha Graybow and Prudence Crowther)

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