Ben and Jerry's is suing the makers of "Ben and Cherry's" and it's not because they're making a knock off ice cream flavor. Instead it's by creating ten separate porn flicks all with names similar to Ben and Jerry's ice cream flavors and with covers that closely resemble their brand.
Ben and Jerry's say Rodax Distributors and Caballero Video are exploiting their brand but ice cream eaters are split on the issue.
The DVDs have a similar look to Ben and Jerry's cartons and, with names like "Peanut Butter D-Cup", sound similar too. But what's inside is not family friendly.
"That's extremely messed up," mother Ya Kima said.
Some Ben and Jerry's lovers were upset to hear porn companies are exploiting their favorite ice cream brand.
"I would be like no that's so not cool," Kima said.
Ben and Jerry's feels very much the same releasing a statement on their federal law suit.
"Ben & Jerry's filed a lawsuit on Wednesday, September 05, 2012 to halt the production and sale of pornographic material which utilized Ben & Jerry's likeness. The ice cream maker 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," A Ben and Jerry's spokesperson emailed us.
"But some people think Ben and Jerry's had it coming with ice cream flavors like "Schweddy Balls" and "Karamel Sutra."
"I don't see anything to fuss about I think it's the same play on words they use on their own products," Jeff Benjamin said while enjoying some Ben and Jerry's himself.
But a Vermont aw school professor says the company will probably sue to protect their intellectual property rights. Not because the product causes confusion, but because it hurts the brand. But many who enjoy the ice cream say it still tastes the same to them
"I will not stop (eating) Ben and Jerry's regardless of what direction the lawsuit goes," Benjamin said.
But don't want to see what flavors Rodax and Caballero have to offer.
"No that's not the kind of thing I want him to see," Kima said referencing her young son.
