Maker of Ice Cream Sold at Grocery Stores Nationwide Files for Bankruptcy As It Appeals $23.8M Judgment
Maker of Ice Cream Sold at Grocery Stores Nationwide Files for Bankruptcy As It Appeals $23.8M Judgment
Angel SaundersTue, August 18, 2026 at 2:42 AM UTC
0
stock image of ice creamCredit: Getty -
Rebel Creamery filed for Chapter 11 bankruptcy after losing a $23.8M trade dress lawsuit to Van Leeuwen Ice Cream
A judge ruled Rebel intentionally Van Leeuwen’s pastel packaging and cursive script, causing consumer confusion
Rebel Creamery must redesign its packaging while appealing the judgment in an ongoing legal battle with Van Leeuwen
Rebel Creamery, the maker of a popular low-carb ice cream, has filed for Chapter 11 bankruptcy following a lengthy legal battle with its competitor in the freezer aisle, Van Leeuwen.
Court documents filed in the U.S. Bankruptcy Court for the District of Utah on Friday, Aug. 14 and obtained by PEOPLE indicate that Rebel Creamery has filed an appeal of a judgment of $23,785,800 that the company was ordered to pay to New York ice cream company Van Leeuwen.
“We are appealing the decision, and our products will continue to be widely available,” a spokesperson for Rebel Creamery told PEOPLE on Monday, Aug. 17.
Van Leeuwen Ice Cream and Rebel Creamery on grocery store display shelvesCredit: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
In a 65-page memorandum filed on July 16, the court broke down the similarities between the brands, which are both sold at grocery stores nationwide such as Walmart and Kroger, and how the trade dress violation would impact sales and confuse consumers.
“Van Leeuwen Ice Cream LLC sells pints of dairy ice cream in monochrome, pastel cardboard packages with minimalist designs and black cursive script,” U.S. District Judge Eric Komitee wrote in the memorandum.
“Rebel Creamery LLC uses a near-identical color scheme and script on their packaging, with slight design differences to convey dietary information,” he continued, confirming that Van Leeuwen sued its competitor for trade dress infringement and other similar claims in New York in 2021.
A bench trial determined there was “no doubt that Rebel infringed and diluted Van Leeuwen’s trade dress and did so intentionally.”
In addition to paying damages, Rebel Creamery has also been ordered to redesign its packaging moving forward.
Van Leeuwen was founded in New York in 2008, while Rebel Creamery was established in 2017, according to the companies’ respective websites.
Advertisement
While Van Leeuwen’s mission was “to make good ice cream that makes you feel good,” Rebel Creamery’s products touted a low carb count, claiming to have the same creamy texture as a regular ice cream “without the negative impacts of sugar.”
By 2021, Van Leeuwen was sold in all 50 states, and according to the memorandum, Rebel Creamery founder Austin Archibald was unfamiliar with the brand until 2018 when he attended a meeting with a Wegmans buyer.
The buyer allegedly pointed out the similarities between the two brands, however, Archibald made no changes to Rebel Creamery’s packaging.
When Rebel Creamery debuted in grocery stores in 2018, it “quickly gained popularity and expanded distribution.”
— sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories.
Soon after, reps for Van Leeuwen were informed of Rebel Creamery’s similarities as social media users brought it to Van Leeuwen’s attention, leaving members of Van Leeuwen “shocked because, to us, it looked almost exactly like our packaging,” per the filing.
“Van Leeuwen and Rebel are distributed at the same grocery stores — often on the same shelf — and are frequently intermingled,” per the memorandum.
The trade dress dispute was not listed as the sole reason for the Chapter 11 bankruptcy filing.
A representative for Van Leeuwen Ice Cream did not immediately respond to PEOPLE’s request for comment.
on People
Source: “AOL Money”
