Ben and Jerry's has settled a lawsuit stopping a porn producer from using their name on ice cream-theme adult movie titles.
A settlement has been reached for a pornography company not to release DVDs and other X-rated products whose names are degrading the Ben & Jerry's brand, according to the Huffington Post.
California pornography studio, Caballero Video, has reached an agreement with the famous ice cream brand, on Tuesday. The agreement resolves a trademark infringement lawsuit that Ben & Jerry files last September. Caballero Video is also known as Rodax Distributors Inc.
The lawsuit by the Vermont-based company said the films titles would likely cause "confusion, mistake or deception" regarding the company's trademark name.
According to the Huffington Post, the agreement is calling a stop to selling a varsity of products including "Ben & Cherry's film series. It includes 10 titles such as "Boston Cream Thigh," "Chocolate Fudge Babes" and "Peanut D-Cups."
Ben & Jerry claimed the titles were too similar to its ice cream flavors such as Boston Cream Pie, Chocolate Fudge Brownie and Peanut Butter Cup.
For nearly 35 years, Ben & Jerry's has produced and sold ice cream, frozen confections, frozen yogurt and sorbet. They have built their trademark though more than 300 Ben & Jerry's Scoop Shops in the United States and 150 internal shops. The brand is also sold through supermarkets, and drugstore.
The agreement also covers labels packaging and advertising that mimicked Ben & Jerry's own. According to the Huffington Post, Caballero's packaging featured puffy white clouds and grazing cows, and the slogan "Porno's Finest," Ben & Jerry's uses the slogan "Vermont's Finest."
U.S District Judge Lewis Kaplan approved the consent judgment between the parties on Monday.
