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Ben & Jerry's sues Valley studio over sound-alike porn film titles

September 08, 2012|Tiffany Hsu
  • Ben & Jerry's has sued a Canoga Park porn studio over its "Ben & Cherry's" film series.
Ben & Jerry's has sued a Canoga Park porn studio over its "Ben… (Bob Chamberlin, Los Angeles…)

Caballero Video in Canoga Park, one of the area's oldest pornography studios, sought to pay homage to Ben & Jerry's with its X-rated "Ben & Cherry's" flicks. The ice cream maker wasn't impressed.

The Vermont company, known for frozen treats such as Boston Cream Pie, Peanut Butter Cups and Chocolate Fudge Brownie, sued Caballero this week in federal court alleging trademark infringement.

The DVDs, according to the filing, involve "blatant and outrageous copying and misappropriation of the Ben & Jerry's intellectual property." Ben & Jerry's won a court order temporarily halting the studio from marketing and selling titles such as "Boston Cream Thighs," "Peanut Butter D-Cups" and "Chocolate Fudge Babes."

The DVD producer, known officially as Rodax Distributors Inc., must stop offering the 10 titles in its Ben & Cherry's series as the case proceeds and remove all online mention of the X-rated products, according to the court order.

Caballero also was ordered to get rid of packaging that mimicked Ben & Jerry's distinctive containers, which feature cows, grassy fields, puffy clouds and the slogan "Vermont's Finest." Caballero's version incorporated similar elements as well as actresses posing seductively under the phrase "Porno's Finest."

Neither Caballero nor Ben & Jerry's could be reached for comment.

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 company often plays off names and words, with flavors such as Cherry Garcia, Imagine Whirled Peace and Phish Foods.

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tiffany.hsu@latimes.com

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