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Ice Cream War: Rebel Creamery Owes Millions
17 Jul
Summary
- Van Leeuwen awarded nearly $23.8 million in trademark infringement case.
- Judge ruled Rebel Creamery packaging was confusingly similar.
- Rebel Creamery ordered to redesign its ice cream pint packaging.
Brooklyn-based Van Leeuwen has secured a significant legal victory, with a New York federal judge ordering Rebel Creamery to pay nearly $23.8 million for trademark infringement. The ruling, issued last Thursday, found that Rebel Creamery deliberately mimicked Van Leeuwen's distinctive pastel-colored, monochrome pint design with contrasting black cursive script.
U.S. District Judge Eric Komitee stated that the similarities between the packaging were substantial enough to confuse consumers and infringe upon Van Leeuwen's trademarks. The judge also noted evidence of actual consumer confusion and concluded that Rebel's adoption of the branding was done in bad faith.
This ruling mandates Rebel Creamery to redesign its ice cream pint packaging. The lawsuit was initially filed by Van Leeuwen in 2023, accusing the Utah-based Rebel of copying its branding. Rebel had defended itself by claiming its founders were unaware of Van Leeuwen's packaging when designing their own cartons.
