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Ice Cream War: Rebel Creamery Files Bankruptcy After Lawsuit Loss
17 Aug
Summary
- Rebel Creamery filed for bankruptcy protection on August 14, 2026.
- A judge awarded Van Leeuwen $23.8 million for trademark infringement.
- The ruling cited Rebel Creamery's intentional copying of packaging design.
Rebel Creamery LLC, known for its low-carb, high-fat ice cream, filed for Chapter 11 bankruptcy protection on August 14, 2026. The Midway, Utah-based company sought to restructure its debts amidst significant legal and financial challenges.
This filing comes after a July 16, 2026, ruling by Judge Eric Komitee, who found Rebel Creamery liable for trademark infringement against Van Leeuwen. The court ordered Rebel Creamery to pay $23.8 million in disgorged profits for intentionally copying Van Leeuwen's packaging.
The judge's order highlighted Rebel Creamery's use of monochromatic pints, pastel colors, and minimalistic design, which were found to intentionally mimic Van Leeuwen's established branding. Evidence of actual marketplace confusion between the two brands was presented during the trial.
Van Leeuwen, founded in 2008, had updated its packaging in 2016. Rebel Creamery, established in September 2017, began selling its products with similar packaging in August 2018. Van Leeuwen initiated its lawsuit in April 2021.
Rebel Creamery has filed a notice of appeal for the judge's order. The bankruptcy petition lists assets and liabilities between $10 million and $50 million, and all litigation is subject to an automatic stay during the bankruptcy proceedings.
