It turns out that the folks at Caballero Video were gentlemen after all, at least from Ben & Jerry’s perspective. Last September, the ice cream maker brought a trademark action in the Southern District of New York to put a stop to Caballero’s “Ben & Cherry’s XXX Ice Cream” line of pornographic videos. Caballero consented to preliminary injunctive relief during the pendency of the action. We have previously discussed the case and its place within the fine tradition of porn parody trademark disputes.
So, could Caballero show that its videos were a parody, and not just an infringing pun? On Monday, after several months of inactivity, the parties filed a consent judgment which reveals that Caballero didn’t think much of its chances. The company has agreed to stop using the “Ben & Cherry’s” line of videos. Say good bye to such titles as “Everything But the Butt,” “Boston Cream Thigh,” and “Peanut Butter D-Cups.” To paraphrase the Emperor Nero: What an artist dies today!