Perhaps some companies might not mind sharing similar names with a porno series, but when you’re America’s ice cream sweethearts, that’s just not gonna fly. Ben & Jerry’s ice cream is suing the company behind “Ben & Cherry’s” X-rated DVDS for besmirching its reputation with its “hardcore pornographic” fare.
Just because the company produces such naughtily-named flavors like Schweddy Balls and Karamel Sutra doesn’t mean it wants to be associated with porn, it seems. Ben & Jerry’s filed a trademark lawsuit in U.S. District Court in Manhattan, reports the Associated Press, and said that Ben & Cherry’s DVDs are exploitive and tarnishing the ice cream maker’s name.
Beyond marketing the titles and themes of the movies that are based on “well-known and iconic” Ben & Jerry’s ice cream flavors, the suit claims that even the packaging is similar, down to a grazing cow, green grass and big puffy white clouds.
Basically, Ben & Jerry’s doesn’t ever want anyone to confuse or mistake them with pornographic offerings like “Boston Cream Thigh,” ‘’New York Fat & Chunky” and “Peanut Butter D-Cup.” Instead, it wants customers to scoop “Boston Cream Pie,” ‘’New York Super Fudge Chunk” and “Peanut Butter Cup” ice cream without hearing “bow chicka bow bow” in the back of their minds.
And now that I’ve read those porno names, well, I get it. Boston Cream Thigh is never going to leave my brain.
Poor taste? Ben & Jerry’s sours on X-rated ‘Ben & Cherry’s’ and sues over trademark violation [Associated Press]
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They are missing out on an opportunity here. Imagine the possibilities of marketing a combo pack of porn and ice cream for that special time of the month that women have? The man gets to watch porn so he is happy, and the woman gets to eat ice cream so she is happy… that is what we call a win-win.
That is genious!
Or genius
You forget that some seem to consider watching porno as bad as cheating.
And some people are on diets and/or are lactose intolerant and can’t have ice cream. No product appeals to everyone… but I bet the target market of porn and ice cream covers the vast majority of Americans.
Excellent rebuttal!!
a certain religion and political party have enough sway to destroy Ben and Jerrys if they ever tried this
I was hoping to try “Ron Jeremy’s AmeriCunt Dream”
heh.next title…”violate my trade mark..Please!”
“Dublin Mudslide” could be a porno title without changing the name. Maybe “Baby Batter” instead of “Cake Batter” but outside of that I don’t think B&J ice cream names lend themselves to many porn titles.
Boston Cream Pie is already pretty good…
I would also have accepted: Boston Hair Pie, Coffee Caramel Bunz & Face-Caked Baby Batter
It isn’t a “Duh.”
1) Parody is pretty firmly protected, even of trademarked names, and has been for a LONG time.
2) Streissand Effect
Yes they are BUT company names are not . The company name that is selling the dvds is what is infringing on the trademark.
Also by law ben and jerrys has to sue everybody that even remotely infringes on the name or they lose the trademark.
At least this is a much better case for trademark infringement than what Monster normally dregs up.
Pfft, this falls under Fair Use for parodies. B&Js better not win, else that would ruin it for everyone else.
This isn’t parody. This is using the name of another company to increase the profile of your own. I can’t just rip off a company name, change one or two letters, and market it as a separate entity.
Let’s say I open an auto repair shop and call it “Coca Rolla”, design a sign that is identical to the coke labels and sell service packages based on the names of coke brand products. Wouldn’t you argue that a customer might assume that there is some association?
Isn’t there a requirement in this sort of suit that there be a reasonable chance of confusion on the part of consumers? I doubt anybody is going to confuse a porno video with ice cream.
Chunky Monkey is a thoroughly underserved porn niche. Cream Pie from any city or region is already well represented by many producers. At least that’s what I’ve found from my Very.Serious.Scientific.Research. Now, where’s my government grant to continue studying?
Was MONSTER CABLE taken?
nice…
Poor Ben & Jerry’s. They are really offended. But when they pumped out the Lin-Sanity flavor with fortune cookies thereby offending many Chinese-Americans, well, THAT was okay.
Spunky Monkey.
(Ride my) Hubby’s Chubby.
Late Night Snatch.
Cinnamon’s Buns.
Milk & Nookie.
Smells Like Phish Food.
Everything Butt…
Debbie Does Dallas… Fudge.
What? Turnabout’s fair play. XD
Asia Carrera’s popsicle.
The Voyeur (or how the freezer got defrosted).
Behind The Green Door (of the fridge).
I’d better run now…
I am envious that you got to post “Hubby’s Chubby” in any form before I did, but not as ashamed as I am by having to post how envious I was.
Now to make up for it I give you:
Nookies and Cream
Anything related to Greek
What a frivolous waste of time, unless Ben and Jerry’s can prove possible brand confusion for the same products. I don’t think Ben and Jerry’s sells porn, never mind any sorts of movies in general.
You can call your farm “Dell”, for example, without risking action from “Dell” Computers, since the trademark must cover something the owner actually uses it for. However, you might get in trouble for “Dell” movie studios, since “Dell” Computers can be used for making movies.
Exactly what I was thinking at first. Still, tell that to anyone who’s been sued by either Monster Cable or Monster Energy drink just for having the work “Monster” in their product or company name.
It doesn’t always matter if the suit has merit, as long as the plaintiff can make it such a hassle for the defendent that it is easier for them to give in and change the name.
And, their might be confusion as they both can consider dairy related products.
*there*
Hey, my edit button is broken!
“he suit claims that even the packaging is similar, down to a grazing cow, green grass and big puffy white clouds.”
I was totally on B&C’s side till I read this. I don’t think anything is wrong with the name….just the packaging. That may be what needs to change.
There is no product confusion here. It’s not like they are Marketing Oreos as OralOs.
I’m not going to go to my local B&J’s and ask if the girls there want to become actresses.
I swear I’m not! You all heard me!
Ben & Jerry’s – mass marketed, overpriced ice cream, just like Hagen Daze, etc. Why do people even consider buying this shit when they can get excellent quality locally made ice cream for half the price?
Of course, I live in New England, the homemade ice cream capital of the USA so I don’t have to go to the local supermarket and buy overpriced crap that says “ice cream” on the label.
Hope they win the suit and sucks every last dollar out of that degenerate company’s
pockets.
In Indiana, we make out ice cream just like the eastern seaboard elite snobs.
Our cows are not right-wingnuts -or- left-wing socialists. They are centrist cows
and give the best milk for making the most delicious ice-cream in the country.
So there.