Ben & Jerry's at odds with porn company - WCAX.COM Local Vermont News, Weather and Sports-

Ben & Jerry's at odds with porn company

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BURLINGTON, Vt. -

When you dig in to a cone of Boston Cream Pie-flavored Ben & Jerry's ice cream the last thing the company wants you to think of is Boston Cream Thigh.

"A little clever," laughed Charlotte Doggett of Burlington.

It's what pornography company Rodax Distributors and Caballero Video are hoping you eat up. With its line of XXX videos called Ben and Cherry's taking the iconic Vermont brand to a hardcore level.

"I'm insulted by it, being a woman," said Tammy Ryan of Burlington. "Kids eat the ice cream. How are we coming across to our children?"

It's put a bad taste in Ben & Jerry's mouth as well, that's why it's suing the movie company for selling the DVDs. The ice cream maker claims the videos violate its trademarks and hurt its reputation.

"Ben & Jerry's is a staple of Vermont. We're old-fashioned, we're family," Ryan said.

Some examples: Ben & Jerry's ice cream Chocolate Fudge Brownie and Ben & Cherry's DVD "Chocolate Fudge Babes." Other movies include "Peanut Butter D-Cup" and "New York Fat & Chunky." Other titles are too steamy to list.

"At the end of the day you don't want your ice cream confused with pornography," said Allison Kingsley, a business professor at the University of Vermont.

But some find the humor in it and say Ben & Jerry's pushes the envelope as well.

"Ben and Jerry's is almost asking for it with flavor names like Schweddy Balls and stuff like that," said Dan Welch of Essex Junction.

Kingsley says this marketing strategy is smart for Ben and Cherry's DVDs. The controversy is driving customers to its product, but in the end, could be costly if it loses the lawsuit. The adult entertainment industry has a history of using parodies of mainstream movie titles and getting away with it.

"They've been able to continue that practice with big money in the movie industry, they may be able to continue in the ice cream world," Kingsley said.

Because it's an ongoing legal matter, Ben & Jerry's wouldn't talk with us on camera but issued us this statement: "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."

"If even one customer thinks of Hairy Garcia when they're buying Cherry Garcia, that's probably a problem," Kingsley said.

"Vermont's Finest" fighting for its name against what the moviemaker calls "Porno's Finest."

Ben and Jerry's has taken legal action to stop the manufacturing and sale of these materials.

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Ben & Jerry's suing porn company

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