Ben & Jerry's wins order in porn film case

Ben & Jerry's Homemade Inc. Thursday won a temporary restraining order against the producers of a series of adult-film DVDs with titles and packaging it says are based on its ice cream flavors.

Ben & Jerry's, a unit of London-based Unilever, sued in New York on Wednesday to block Caballero Video from selling its "Ben & Cherry's" series of 10 DVDs with titles including "Peanut Butter D-Cups" and "New York Fat & Chunky."

The ice cream maker said the "hard-core pornographic" films have smeared its reputation. The lawsuit by the Vermont-based company said the films would likely cause "confusion, mistake or deception" regarding the company's trademarks.

U.S. District Judge Lewis Kaplan Thursday ordered Caballero to stop selling and distributing the materials and said all infringing products, labels and advertising must be destroyed or removed from retail shelves immediately.

The judge also directed that the producers appear before him for a hearing next week to say why he shouldn't issue a preliminary injunction against them.

The DVD packaging features images of naked men and women against backgrounds that copy the design of Ben & Jerry's ice cream containers, including grazing cows and fluffy white clouds, according to Ben & Jerry's.

Combined wire services