NEW YORK — Caballero Video must stop selling and advertising 10 "Ben & Cherry's" adult videos, a federal judge ruled today.
U.S. District Judge Lewis Kaplan issued a temporary restraining order against North Hollywood, Calif.-based Caballero after Ben & Jerry's sued over the sales of such titles as "Chocolate Fudge Babes," "Boston Cream Thighs" and "Peanut Butter D-Cups." The ice cream giant said those porn titles were poached from its Boston Cream Pie, Chocolate Fudge Brownie and Peanut Butter Cup flavors.
Ben & Jerry's also complained that "Ben & Cherry's" DVDs boxcovers imitate its own packaging, including such images as puffy white clouds and grazing cows.
Kaplan ordered 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.
He also ordered potentially offensive images included in the original complaint be placed under seal.
