Porn Producer Agrees to End Sale of ‘Ben & Cherry’s’ Film

The seller of adult films with titles and packages based on Ben & Jerry’s Homemade Inc. flavors will comply with a court order to stop selling the movies, a lawyer for the ice-cream maker said.

Rodax Distributors Inc., which does business as Caballero Video, will stop selling its “Ben & Cherry’s” series of 10 DVDs with titles including “Peanut Butter D-Cups” and “Boston Cream Thigh.” The court order, filed yesterday in New York federal court, was the product of a settlement agreement, said Gregory Gulia, a lawyer representing Ben & Jerry’s. Gulia declined to disclose specific terms of the agreement.

In September, U.S. District Judge Lewis Kaplan issued an order requiring Caballero to recall the DVDs and to destroy all products, labels and marketing materials that infringe on Ben & Jerry’s trademarks as the case progressed.

Ben & Jerry’s, a unit of London-based Unilever NV (UNA), sued Caballero last year, claiming the DVDs and packaging violated its trademarks. The packaging featured images of naked men and women against backgrounds that copy the design of Ben & Jerry’s ice cream containers such as grazing cows and fluffy white clouds, the company said in its complaint.

Tomer Yoffe, a spokesman for Caballero Video, couldn’t immediately be reached by phone for comment on the settlement.

The case is Ben & Jerry’s Homemade Inc. v. Rodax Distributors Inc., 12-cv-06734, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporter on this story: Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

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