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Ben and Jerry force porn film recalls

Wednesday, September 12 15:51:29

A movie studio has agreed to recall pornographic DVDs whose titles and packaging mimic those of Ben and Jerry's ice cream.

Caballero Video also agreed to stop marketing and to destroy materials used to make 10 titles in its "Ben & Cherry's" X-rated film series while a lawsuit against it is pending.

Ben and Jerry's Homemade Inc, a unit of London-based Unilever, had sued Caballero on Sept. 5 for trademark infringement.

It complained that DVD titles such as "Boston Cream Thighs," "Chocolate Fudge Babes," "Peanut Butter D-Cups" were too similar to its ice cream flavours Boston Cream Pie, Chocolate Fudge Brownie and Peanut Butter Cup.

Ben and Jerry's also said Caballero's packaging played off its own with images of puffy white clouds and grazing cows, just as the slogan, "Porno's Finest," punned on "Vermont's Finest."

Terms of the recall and other restrictions were set forth in a consent injunction signed by Caballero's president, Tomer Yoffe, and approved on Tuesday by U.S. District Judge Lewis Kaplan in Manhattan.

Kaplan last Thursday had temporarily halted the DVD sales, though his order did not require a recall.

Caballero's formal name is Rodax Distributors Inc. The North Hollywood, California, company did not immediately return a call seeking comment today, nor did a lawyer for Ben and Jerry's.

Ben and Jerry's is based in South Burlington, Vermont, and said it has sold about 45.6 million gallons of ice cream in the last three years. (C ) Reuters