Porn Maker Being Sued by Ben & Jerry’s in Case of Trademark Violation
Ice Cream giant Ben & Jerry’s is stone cold upset over porn distributor Caballero Video for producing and marketing a line of videos called ‘Ben & Cherry’s.’
Ben & Jerry’s filed a lawsuit against the Caballero Video on Wednesday at a U.S. District Court House in New York. The suit claims that the films would cause “confusion, mistake or deception.” The film line uses puns from a bevy of brand names that Ben & Jerry’s has created, such as: “American Cream,” from the flavor “American Dream”; “Hairy Garcia” like its “Cherry Garcia” flavor; and “New York Super Fat and Chunky” which bares striking similarities to Ben & Jerry’s “New York Super Fudge Chunk.”
The suit demands that Caballero recall their videos and asserts that the monetary-loss would be low. “[They] will only suffer minor inconvenience because the infringing Ben & Cherry’s DVDs were only recently released.”
Ben & Jerry’s lawyers also contend that hiding behind the ever-popular parody defense is one that won’t hold up: “The parody defense fosters social commentary, criticism and creative expression for its own sake, but it does not protect a purveyor of pornography who chooses to appropriate the goodwill of a famous brand to boost its sales.”
It is yet to be seen when and how Caballero Video Executive Daniel Mamane will respond to the suit.