Porn Parody Or Infringing Pun? Ben & Jerry's Brings Trademark Action Against 'Porno's Finest,' Ben & Cherry's

Last week, Ben & Jerry's Homemade Ice Cream brought a trademark action in the Southern District of New York to put a stop to its naughty doppelganger, "Ben & Cherry's XXX Ice Cream." Distributed by Caballero Video, Ben & Cherry's is a series of pornographic films with ice cream-themed titles such as "Boston Cream Thigh," "Hairy Garcia" and "New York Super Fat and Chunky." On Wednesday, the Southern District of New York will hear arguments from Caballero as to why a preliminary injunction should not issue against its continued distribution of the series.

The Court has already granted a temporary restraining order against Caballero. So is the outcome here a foregone conclusion? Or will Caballero join the ranks of Larry Flynt, the Mitchell Brothers and other porn-producing First Amendment anti-heroes? Barring settlement, the outcome will likely depend on whether Caballero's videos are considered legitimate trademark parodies or just bad puns.

Trademark parodies are hardly virgin...