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(Fox News)   Ben & Jerry's sues over "Ben & Cherry's" series of pornographic films based on ice cream flavors. "Boston Cream Thigh," `'New York Fat & Chunky" and "Peanut Butter D-Cup" all sound delicious. Come up with more flavors to help them out   (foxnews.com) divider line 135
    More: Amusing, Peanut Butter D-Cup, Ben & Jerry, adult movies, DVD, ice creams, X-rated DVDs  
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3834 clicks; posted to Main » on 06 Sep 2012 at 4:57 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-09-06 07:16:18 AM  

Satanic_Hamster: psychicdeath99: Does Ben and Jerry's have much chance of winning? My (admittedly very rudimentary) understanding of trademarks is that parody is an accepted defense, and that if there is little likelihood that a reasonable person would be confused that the parody item is actually affiliated with the trademark holder, then there is no infringement. (In other words, a Ben and Cherry's food item would likely be an actionable infringement, a Ben and Cherry's porn film probably not.)

Could any Fark lawyers out there let me know if I'm remotely close to reality?

Likely will depend on how much each side is willing to spend on lawyers, but the parody protections are usually fairly strong. There's been a lot of "Sex Trek" parody porn movies as well (like going back 20+ years).


I'm surprised Ben and Jerry's would sue over this. To me, it seems like free advertising. In fact, now I want to find a Ben and Jerry's and try some of those flavors.
 
2012-09-06 07:20:25 AM  
Well, since no one else is going to touch it:

Chocolate Rapey
 
2012-09-06 07:29:23 AM  
www.deviantart.com 

/so sorry
 
2012-09-06 07:31:18 AM  
Santorum swirl.
 
2012-09-06 07:34:40 AM  

unyon: Durendal: Definitely do not want Dublin Mudslide.

I presume that that's the Irish version of the Cleveland Steamer.


Starring Faye Reagan?

t3.gstatic.com
 
2012-09-06 07:43:18 AM  
I don't know about subby, but I'm really not into tasting Boston Cream Thigh.

/is subby's nickname 'Snowball'?
 
2012-09-06 07:45:16 AM  
Two Girls, One Cup
 
2012-09-06 07:53:18 AM  

ranak: [www.deviantart.com image 550x400] 

/so sorry


I don't care who you are, that's funny right there.
 
2012-09-06 07:53:55 AM  
Ahem:

"Wavy Gravy"
 
2012-09-06 07:57:56 AM  
Bill Clinton's
Cherry Garcia y Vega?
 
2012-09-06 07:58:33 AM  

Ebbelwoi: I thought acceptance of porn-name tributes was just part of our culture. Aren't you supposed to just accept it with a smile?


More to the point, Parody is supposed to be protected under Fair Use. The rate at which big name companies are trying to erode sensible protections like this is pretty alarming.
 
2012-09-06 08:02:10 AM  
What a ClusterFark



/obvious
 
2012-09-06 08:10:32 AM  

psychicdeath99: Does Ben and Jerry's have much chance of winning?
Could any Fark lawyers out there let me know if I'm remotely close to reality?


Close to reality? You're posting here... so...no.

As far as winning goes, it's win and win big or lose and win publicity.
If they don't take a stand in court, it's as if they endorsed it.
If they sue, then they look "decent" win or lose.

I'll have to reasearch more when I get home. And by research, I mean, look up the defendant's products and review to see if there is any merit to the case.
And by merit, well, you know. . .
 
2012-09-06 08:17:23 AM  

XyzzyBob: Bill Clinton's
Cherry Garcia y Vega?


Oooh, nice one!
 
2012-09-06 08:17:41 AM  
Legitimate gRape.
 
2012-09-06 08:19:02 AM  
Dammit Ranak.

That's what I get for not reading page 2.
 
2012-09-06 08:22:51 AM  
Red Velvet Pie
Imogene: Whirled Piece.
 
2012-09-06 08:25:35 AM  

bmihura: Satanic_Hamster: psychicdeath99: Does Ben and Jerry's have much chance of winning? My (admittedly very rudimentary) understanding of trademarks is that parody is an accepted defense, and that if there is little likelihood that a reasonable person would be confused that the parody item is actually affiliated with the trademark holder, then there is no infringement. (In other words, a Ben and Cherry's food item would likely be an actionable infringement, a Ben and Cherry's porn film probably not.)

Could any Fark lawyers out there let me know if I'm remotely close to reality?

Likely will depend on how much each side is willing to spend on lawyers, but the parody protections are usually fairly strong. There's been a lot of "Sex Trek" parody porn movies as well (like going back 20+ years).

I'm surprised Ben and Jerry's would sue over this. To me, it seems like free advertising. In fact, now I want to find a Ben and Jerry's and try some of those flavors.


I wonder if its the parent company pushing for this. I think Ben and Jerry would probably find it funny themselves.
 
2012-09-06 08:30:45 AM  
Fistachio Fistachio?

/I feel dirty
 
2012-09-06 08:31:59 AM  
I'm pretty sure the Ben & Cherry's people have a valid fair use/satire argument but I can't really blame Ben & Jerry's for actively working to protect their trademark. Bear in mind even if they lose, if B&J do not at least try to do so it could be argued that they've "abandoned" the brand.

DjangoStonereaver: unyon: Durendal: Definitely do not want Dublin Mudslide.

I presume that that's the Irish version of the Cleveland Steamer.

Starring Faye Reagan?

[t3.gstatic.com image 190x265]


I'm dying for that girl to get into anal.
 
2012-09-06 08:34:25 AM  
chunky monkey - works as is.
 
2012-09-06 08:44:38 AM  
Titty Sprinkles
 
2012-09-06 08:45:38 AM  
Cocky Road
 
2012-09-06 09:05:21 AM  
I Want To Paint The Back Of Your Throat, Vanilla
 
2012-09-06 09:12:19 AM  
Buttercock (the movie should be with good looking 'traps')

The Ackbar (snickers icebar look-alike, but with honey roasted peanuts. Again the movie should be with 'traps', but they should be obvious traps)

Bluebolls (an icecream, that will not get eaten for years. The movie has pretty much the same plot)

Stockmarket (the icecream contains Redbull and gummybears. The movie is about hairy gay men having their way with steroid-abusers that are put in the stocks)

The periodic table (The ice could contain polonium. The movie should be about about lesbians having it out on a table whilst on the rag.)
 
2012-09-06 09:19:25 AM  
Twat's Fur Dessert?
 
2012-09-06 09:30:09 AM  
Hershey Highway?
 
2012-09-06 09:30:17 AM  
Packed Fudge?
 
2012-09-06 09:35:47 AM  

GAT_00: And Vanilla Caramel Fudge sounds like a good name for a three way flic.


It's a white-hispanic-black threeway.
 
2012-09-06 09:54:50 AM  
Oompa Loompa Dream Suckle
 
2012-09-06 09:55:47 AM  

Ryker's Peninsula: Oh, just ban me again already.


If could give you an "honour banning" I would.

/I am going to hell. One please!
 
2012-09-06 10:04:50 AM  
Cockalot Therapy
 
2012-09-06 10:07:49 AM  
CSS: As y'all know, B&J's sells groovy tee-shirts with the names of some of their flavours. Years ago, I wanted to make a couple with "World's Best Vanilla" for me and this girl I was with at the time. It later occurred to me that we couldn't *both* be "Best," so we'd have to settle it somehow. My friends suggested a 'caged deathmatch'. I suggesed a pillow fight in a 'ring of inconsequential harm'.
 
2012-09-06 10:12:57 AM  
Milk & Boobies
 
2012-09-06 10:13:08 AM  
Let's see now..

Banana Split > no change
Boston Creampie > um, no change
Cheesecake Brownie > no change
Chocolate Fudge Brownie > no change
Chocolate Therapy > definitely no change
Chubby Hubby > no change
Chunky Monkey > no change
Cinnamon Buns > no change
Creme Brulee > um.. no change
Dublin Mudslide > no change
Everything But The.. > no change
.. and so on

See, the real problem is that Ben & Jerry's is already using porn-ready names. The entire menu reads like a X-rated catalogue.
 
2012-09-06 10:16:04 AM  
Mandingo Mandingo Sorebutt
 
2012-09-06 10:18:38 AM  
For anyone interested in an ice cream shop themed film, check out "Shades of Blonde".
 
2012-09-06 10:19:13 AM  

MoronLessOff: For anyone interested in an ice cream shop themed film, check out "Shades of Blonde".

Oh, and it's totally NSFW.
 
2012-09-06 10:36:43 AM  
Vaginilla
 
2012-09-06 11:19:43 AM  
Pee...Nutz and Creams
 
2012-09-06 11:25:29 AM  
Double Nut Peach Around
 
2012-09-06 11:28:42 AM  

lamric: Double Nut Peach Around


Noice!
 
2012-09-06 11:35:50 AM  
Spunky Chunky
 
2012-09-06 11:41:07 AM  
Penis Butter and Cherry
 
2012-09-06 11:42:15 AM  
Milf Cockalot Spunk
 
2012-09-06 11:48:49 AM  

unyon: Durendal: Definitely do not want Dublin Mudslide.

I presume that that's the Irish version of the Cleveland Steamer.


I actually LOL

well played
 
2012-09-06 11:49:31 AM  
Karamel Sutra -> no change
S'mores -> Wh'ores
What a Cluster -> no change!
Willie Nelson's Country Peach Cobbler -> Willie's Country Peach Gobbler
Late Night Snack -> Date Night Snack
Lemonade Sorbet -> Lemonade Party Sorbet
 
2012-09-06 12:00:29 PM  
Fifty Shades of Sasha Grey.
 
2012-09-06 12:12:11 PM  
Everything in the kitchen sink?
 
2012-09-06 12:21:29 PM  

DjangoStonereaver:
Starring Faye Reagan?


That woman is so damn hot I can't stand it.

CygnusDarius: Fifty Shades of Sasha Grey.


Why hasn't this movie been made yet?
 
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