Ben & Jerry's Homemade Inc., et al. v. Rodax Distributors Inc., et al.
Published: Aug. 17, 2013 | Result Date: Jun. 27, 2013 | Filing Date: Jan. 1, 1900 |Case number: 1:12-cv-6734 Settlement – Equitable Agreement
Court
SD New York
Attorneys
Plaintiff
Defendant
Facts
Southern California adult film studio, Caballero Video, named its pornographic parodies after ice cream products made by Ben & Jerry's, whose known for its use of puns in its trademark flavor titles. The satirical porn titles prompted the ice cream giant to sue the studio, also known as Rodax Distribution Inc. Caballero's "Ben & Cherry's" series videos included, "Chocolate Fudge Babes," "Peanut Butter D-Cup," and "Boston Cream Thighs," among others. Caballero also used the slogan "Porno's Finest," which was a spend-up of the Ben & Jerry's slogan "Vermont's Finest."
Result
In a settlement agreement, Caballero agreed to stop the release of products that contain titles and/or packaging that mimics Ben & Jerry's products.
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