Ben & Jerry's sues porn maker over X-rated titles

Ice cream peddlers claim 'Ben & Cherry's' titles, packaging violate their trademarks

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NEW YORK - Homage or ripoff? That's the argument at the center of a trademark lawsuit filed by dessert icon Ben & Jerry's this week against the maker of the "Ben & Cherry's" hardcore X-rated video series.

According to Bloomberg.com, the lawsuit contends that Caballero Video's package of 10 films, featuring titles such as "Peanut Butter D-Cups" and "Boston Cream Thigh," infringe on "well-known and iconic" Ben & Jerry's ice cream flavors like "Peanut Butter Cup" and "Boston Cream Pie," among others.

"The hardcore and exploitive pornographic infringing ‘Ben & Cherry's' DVDs are likely to confuse consumers by creating an association of the Ben & Jerry's family of marks and the Ben & Jerry's trade dress with pornography," Ben & Jerry's stated in the suit.  

In its complaint, the company also said that the video packaging displays images of nude people against backgrounds of grazing cows and white clouds -- similar to the design of Ben & Jerry's ice cream containers, Bloomberg reported.

The lawsuit was filed in U.S. District Court in New York and seeks unspecified damages.

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