• All Share : 48647.62
    UNCHANGED0.00%
    Top 40 : 4198.50
    UNCHANGED0.00%
    Financial 15 : 13696.23
    UNCHANGED0.00%
    Industrial 25 : 55226.68
    UNCHANGED0.00%

  • ZAR/USD : 10.5833
    UP 0.09%
    ZAR/GBP : 17.7675
    UP 0.13%
    ZAR/EUR : 14.6289
    UP 0.10%
    ZAR/JPY : 0.1035
    UP 0.26%
    ZAR/AUD : 9.8331
    UP 0.13%

  • Gold : 1287.2400
    UP 0.26%
    Platinum : 1405.5000
    UP 0.32%
    Silver : 19.4815
    UP 0.20%
    Palladium : 787.0000
    UP 0.64%
    Brent Crude Oil : 109.300
    UP 0.17%

  • All data is delayed by 15 min. Data supplied by I-Net Bridge
    Hover cursor over this ticker to pause.

Thu Apr 24 06:09:02 SAST 2014

Ben & Jerry’s wins order blocking porn copycat

Reuters | 07 September, 2012 10:43

Ben & Jerry’s Homemade has won a court order temporarily blocking a producer of pornographic DVDs from selling and advertising titles with names similar to those of the company and its ice-cream flavours.

US District Judge Lewis Kaplan in Manhattan ordered Caballero Video to stop selling 10 DVD titles in its “Ben & Cherry’s” series and to remove references to the products from the Internet.

Kaplan issued his temporary restraining order one day after Ben & Jerry’s sued Caballero, accusing the North Hollywood, California-based company of trademark infringement.

Ben & Jerry’s sued over the sales of such titles as Boston Cream Thighs, Chocolate Fudge Babes and Peanut Butter D-Cups, which it said were rip-offs of its Boston Cream Pie, Chocolate Fudge Brownie and Peanut Butter Cup flavours.

In addition, the complaint said the DVDs’ packaging mimics Ben & Jerry’s packaging, including such images as puffy white clouds and grazing cows, while also featuring images reflecting the DVDs’ content.

Kaplan directed Caballero to appear in court on Sept. 12 to explain why he should not enter a preliminary injunction that would require the company to recall infringing products.

It was not immediately clear whether Caballero has hired a lawyer for its defence. A woman who answered the phone at its office said the company had no immediate comment.

Ben & Jerry’s is based in South Burlington, Vermont, and said it has sold about 45.6 million gallons of its namesake ice cream in the last three years. It is a unit of London-based Unilever.

Defendants in the case include Rodax Distributors Inc, which does business as Caballero, according to the complaint.

Late Thursday, Kaplan ordered that potentially offensive images included in the original complaint be removed from the public record, but be available on file under seal with the court.

SHARE YOUR OPINION

If you have an opinion you would like to share on this article, please send us an e-mail to the Times LIVE iLIVE team. In the mean time, click here to view the Times LIVE iLIVE section.
Thu Apr 24 06:09:02 SAST 2014 ::