Ben & Jerry's Ice Cream Company Sues Porn Studio

[3113]

From here. Seems the studio was creating titles that got the Ice Cream company a little upset...

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."

 

[lovecraft68]

First off, referring to ice cream as "intellectual properties" got em to laugh.

But, how can they sue? Words are words. Throughout porn history they have spoofed everything from movies to tv shows.

Currently lit is advertising a Buffy porn movie based straight from the show. I'm sure the people who created the show may not be amused, but I doubt they can do anything or all of these studios would have been sued by now.

I think B&J need to just admit they're looking for a cut and stop acting so moral.

Boston Cream Thighs is not a direct rip off of them. "Boston Cream Pie" has been around forever.

They did not create Peanut Butter Cups either.

Maybe someone should be suing them.

And Ben and Cherry's isn't Ben and Jerry's now is it?

All just coincidence.

Normally anytime porn is sued they fold faster than Superman on Laundry day. I'd like to see this one fought, it would be interesting to see what a judge would say.

 

[Boxlicker101]

I wonder if Ben & Jerry paid anything to the estate of Jerry Garcia when they ripped off his name for an ice cream flavor.

They might have a point about the package design, although they were hardly the first to use a pastoral scene such as that in their advertising. I think most dairies, such as Bordens, Progressive, etc. have used something similar.

As for the other names, things like Boston Cream Pie are in the public domain. B & J doesn't pay anything to call their ice cream flavor that and they can't stop anybody else from using a similar name.

 

[BuckyDuckman]

Sure seems to be a clear case of parody. You'd think B&J ice cream would have a better sense of humor.

 

[rjordan]

Sure seems to be a clear case of parody. You'd think B&J ice cream would have a better sense of humor.

Global British/Dutch megacorporations like Unilever are not known for their sense of humor. Soap and junk food, yes, but not a sense of humor.

I'm rooting for the porn company on this one.

rj

 

[LettersFromTatyana]

It's not just the names. If you read the article 3113 linked to, it's also the presentation, as seen here:

http://editorial.designtaxi.com/news-bj070912/1.jpg

And come on. Companies don't want their corporate logos to be used by anyone else, and I don't blame them. Logos have immense value, built up over years and years--why let someone else make money off your logo and potentially diminish the value in the process, especially when it's being associated with pornography?

I wonder if Ben & Jerry paid anything to the estate of Jerry Garcia when they ripped off his name for an ice cream flavor.

They did, and probably still do. If I recall correctly (I've been through the factory for the tour more times than I can count, and they tend to mention stuff like this ), they didn't ask permission from Jerry originally. They subsequently worked out an arrangement where a portion of the proceeds went to him, and he gave the proceeds to a charity--I have no idea what happened after he died, but I imagine his estate still directs the money to charity.

Since messing up with Garcia, they've worked with people ahead of time (Phish--sigh, Phish Food, the best flavor ever--Steven Colbert, etc) to gain approval and have proceeds go to charities.

They messed up with Cherry Garcia, but they learned their lesson.

Global British/Dutch megacorporations like Unilever are not known for their sense of humor. Soap and junk food, yes, but not a sense of humor.

This.

 

[Bramblethorn]

I wonder if Ben & Jerry paid anything to the estate of Jerry Garcia when they ripped off his name for an ice cream flavor.

Garcia was still alive in '87 when the ice cream came out; he only died in '95. And yes, as of '98, Ben & Jerry's were indeed paying royalties to his estate.

http://www.sfgate.com/bayarea/article/Jerry-Garcia-s-Estate-Sued-Ex-employee-says-2993495.php

So, yeah, B&J's may be in the wrong on this, but they're not being hypocrites about it.