Ben & Jerry’s Ice Cream is not being so sweet to a film company it says is infringing on its trademarks.
A Massachusetts court has granted a request from Ben & Jerry’s for a temporary restraining order against a company that makes pornographic films.
The ice cream company took issue with Cabellero Video for giving its films titles that were a little too similar to trademarked ice cream flavors.
The film company took names like “Chocolate Fudge Brownie,” “Peanut Butter Cup” and “Boston Cream Pie” and gave them a racy twist — “Chocolate Fudge Babes,” “Peanut Butter D Cups” and, yes, “Boston Cream Thighs.”
Whether ice cream plays a role at all in these cinematic endeavors is unknown but, needless to say, the Vermont-based ice cream company is not pleased about the 10 DVDs that Cabellero has released in its series.
Ben & Jerry’s argues that the porn packaging even sports the company’s signature cows and clouds design from its ice cream cartons. The ice cream maker said in a statement that it
acted to protect its company, brand, products and image. This is a clear cut issue where the video company is imitating Ben & Jerry’s logo, flavor names and trade dress to sell their products. We have taken prompt legal action to stop the manufacturing and sale of these materials.
The film company is due in court Tuesday to show cause as to why a permanent injunction should not issued.