Ben & Jerry’s obtained a TRO today in its just-filed case against the producers of a series of adult DVDs called “Ben & Cherry’s” with titles that echo the trademarked names of Ben & Jerry’s ice cream flavors and packaging that mimics design elements of its cartons. Allegedly infringing DVD titles that are “safe for public consumption” include NEW YORK SUPER FAT & CHUNKY, BOSTON CREAM THIGH, and PEANUT BUTTER D-CUPS. The DVD packaging features unclothed persons against backgrounds that copy Ben & Jerry’s well-known ice cream containers, including grazing cows and puffy white clouds.
No counsel for defendants has yet appeared and defendants have until September 12, 2012 to show cause why the TRO should not be followed by a preliminary injunction. The case is pending as Ben & Jerry’s Homemade Inc. v. Rodax Distributors Inc., Case No. 12-CV-6734, U.S. District Court, Southern District of New York. A copy of the TRO order may be found here.