Ben & Jerry's wins trademark case against porn studio

Posted By Kristen Butler, UPI.com   |   July 31, 2013 at 9:46 AM   |   0 comments

July 31 (UPI) -- A North Hollywood pornography studio has agreed to comply with a court order not to sell products in its "Ben & Cherry's" series, the titles of which were spoofs on Ben & Jerry's ice cream flavors.

The ice cream company filed the trademark lawsuit in September last year, and under court order Caballero recalled the titles and did not distribute them while the case was pending.

"Boston Cream Thigh," "Peanut Butter D-Cups" and "Hairy Garcia" are among the titles that will no longer be sold by porn maker Caballero Video, also know as Rodax Distributors Inc. Caballero will also no longer use packaging that mimics Ben & Jerry's well-known clouds and cows branding.

Porn films frequently use titles that play on popular culture and Hollywood movies, including "The XXXorcist," "Raiders of the Lost Arse" and "American Booty." In an effort to provide novelty at a breakneck pace, porn parodies have proliferated.

But to gain first amendment protection, the "Ben & Cherry's" series "must not simply use a mark to call attention to itself, but must use it in order to comment on, criticize or ridicule the mark itself or its owner."

It appears "Everything But The … Butt," and other puns don't have the content to back them up. The porn maker has agreed to destroy all physical copies of the 10 titles recalled.

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