(NEW YORK) — Boston Cream Pie. Peanut Butter D-Cup. Hairy Garcia.
No, these are not the latest ice-cream flavors from Ben & Jerry’s. They are the names of X-rated DVDs that have left a sour taste in the mouth of Ben & Jerry’s execs.
And so, the South Burlington, Vt., ice cream-company — a unit of Unilever NV – has sued Rodax Distributors and Caballero Video of North Hollywood, Calif., for trademark violation and for tainting Ben & Jerry’s wholesome name.
According to the lawsuit, filed in U.S. District Court in Manhattan Sept. 5, the distribution and sales of 10 “exploitative, hardcore pornographic” DVDs in Caballero’s Ben & Cherry’s line tarnishes Ben & Jerry’s Homemade Inc.’s reputation by linking it with pornography.
The suit claims the DVDs’ packaging, which include images of naked men and women set against grazing cows, green grass and marshmallow-white clouds, is a direct rip-off of Ben & Jerry’s own packaging, and that the DVDs will cause “confusion, mistake or deception” among ice-cream buyers.
The lawsuit seeks unspecified damages, along with a court order requiring Caballero to destroy the DVDs and promotional materials in question.
Neither Rodax nor Caballero returned calls from ABC News seeking comment.
Copyright 2012 ABC News Radio
Brian Stelter, CNN Newswire
Sam Turner, Deseret News