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Judge Orders Temporary Ban on 'Ben & Cherry's' Porn Films

Ben & Jerry's sues the producer of "Hairy Garcia" for trademark infringement.

Schweddy Balls Ben & Jerry's Ice Cream - P 2011

Ben & Jerry's has put some pornographic films on ice.

On Tuesday, the ice cream giant sued Rodax Distributors and Caballero Video for releasing movies that allegedly infringe the trademarks on ice cream flavors.

Now, Ben & Jerry's has convinced a New York judge to issue a temporary restraining order that takes such films as Hairy Garcia, Boston Cream Thigh and Peanut Butter D-Cups off the porn video shelves.

It's not uncommon for adult entertainment industry players to get into legal trouble. Porn producers always seem to be looking for good inspiration to keep sex movies interesting, and riffing on popular culture has become a popular avenue to do that. But trademark holders don't always sit back to enjoy the show. Witness a dispute between the owners of the "Three Stooges" brand and one porn maker earlier this year.

But ice cream?

In the latest lawsuit, Vermont-based Ben & Jerry's asserts that the porn titles being released under the series name "Ben & Cherry's" will dilute its ice cream confections business. The too milky porn title names include Chocolate Fudge Babes instead of B&J's "Chocolate Fudge Brownie" and Coconut 7 Lay-Her Bar instead of B&J's "Coconut Seven Layer Bar."

It's not only the titles. Ben & Jerry's also has trade dress issues with the DVD packaging, saying it's too similar to the way that the company's ice cream is presented to consumers.

The first court hearing in the case has been scheduled for Wednesday in New York.

In the meantime, Judge Lewis Kaplan has temporarily banned sale, distribution, advertisement, and promotion of the offending products.

The cost to Ben & Jerry's of getting rid of Banana Clit and other porn films for a week is a $10,000 bond -- about 2,000 pints of ice cream -- plus whatever the ice cream company is paying its lawyers at Duane Morris in cash or frozen yogurt.

E-mail: eriq.gardner@thr.com; Twitter: @eriqgardner