Check out the 7 most cringeworthy moments in the history of the MTV Video Music Awards here!

Namaqua festival shut down due to fears of racial tension at Steve Hofmeyr’s proposed performance

Ben & Jerry's wins order blocking porn DVDs

2012-09-07 07:33
 
ben & jerry's
New York - Ben & Jerry's Homemade Inc on Thursday won a court order temporarily blocking a producer of pornographic DVDs from selling and advertising titles with names similar to those of the company and its ice cream flavours.

US District Judge Lewis Kaplan in Manhattan ordered Caballero Video to stop selling 10 DVD titles in its "Ben & Cherry's" series and to remove references to the products from the internet.

Kaplan issued his temporary restraining order one day after Ben & Jerry's sued Caballero, accusing the North Hollywood, California-based company of trademark infringement.

Ben & Jerry's sued over the sales of such titles as "Boston Cream Thighs", "Chocolate Fudge Babes" and "Peanut Butter D-Cups", which it said were rip-offs of its Boston Cream Pie, Chocolate Fudge Brownie and Peanut Butter Cup flavours.

In addition, the complaint said the DVDs' packaging mimics Ben & Jerry's packaging, including such images as puffy white clouds and grazing cows, while also featuring images reflecting the DVDs' content.

Images to be removed

Kaplan directed Caballero to appear in court on 12 September to explain why he should not enter a preliminary injunction that would require the company to recall infringing products.

It was not immediately clear whether Caballero has hired a lawyer for its defence. A woman who answered the phone at its office said the company had no immediate comment.

Ben & Jerry's is based in South Burlington, Vermont, and said it has sold about 45.6 million gallons of its namesake ice cream in the last three years. It is a unit of London-based Unilever Plc.

Defendants in the case include Rodax Distributors Inc, which does business as Caballero, according to the complaint.

Late on Thursday, Kaplan ordered that potentially offensive images included in the original complaint be removed from the public record, but be available on file under seal with the court.

- Reuters

Read more on:    pornography  |  lawsuits
NEXT ON CHANNEL24X

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Add your comment
Comment 0 characters remaining
 

Recent News

Robin Williams, a brilliant shapeshifter who could channel his frenetic energy into delightful comic characters or harness it into richly nuanced work, has died in an apparent suicide. Read More »

Check out a livestream of the reveal of the new Call of Duty game at Gamescom. Read More »

inside channel 24

There are new stories on the homepage. Click here to see them.