In a lawsuit filed on Wednesday against the makers of “Ben & Cherry’s” X-rated DVDs, Ben & Jerry’s is claiming that its reputation has been smeared. The ice cream company introduced flavors known as Karamel Sutra and Schweddy Balls but feels that the ‘hardcore pornographic’ movies smear the company’s reputation.
The lawsuit, in the trademark field, was filed in U.S. District Court in Manhattan. The lawsuit claims that the sale of the hardcore DVDs and other goods related to the movies tarnishes the name of Ben & Jerry’s Homemade Inc. because an association is created with pornography.
The lawsuit also claims that the sale of the DVDs, which feature ‘well-known and iconic’ Ben & Jerry’s ice cream flavors and company packaging features, cause a misrepresentation of the company. The company packaging features taken from the ice cream company include the white puffy clouds, green grass and a grazing cow.
Ben & Jerry’s said in the lawsuit that confusion could be caused by the films because of their names. Some of the names of the films include “Boston Cream Thigh,” ”New York Fat & Chunky” and “Peanut Butter D-Cup.” The similar flavor titles from Ben & Jerry’s include “Boston Cream Pie,” ”New York Super Fudge Chunk” and “Peanut Butter Cup.” The lawsuit is asking for unknown damages.
