Rebel Creamery Appeals $23.8M Ice Cream Trade Dress Judgment
A New York federal court found Rebel Creamery's pint design intentionally infringed on Van Leeuwen's minimalist, monochromatic packaging, a decision now on appeal to the Second Circuit.
A federal court in New York awarded ice cream maker Van Leeuwen $23.8 million and a permanent injunction against rival Rebel Creamery, finding Rebel intentionally infringed Van Leeuwen's trade dress for its ice cream pints. The court found Van Leeuwen successfully defined its trade dress through a combination of monochromatic pastel packaging, specific fonts, and a minimalist aesthetic across its "classic dairy" line.
Sophisticated counsel for consumer brands should note the court's analysis of what constitutes a "consistent overall look," finding that a few non-conforming products did not defeat the claim where the trade dress was defined as "primarily" using certain elements. The court also credited a survey showing a 34.3% net confusion rate—more than double the typical 15% benchmark—as compelling evidence. The large judgment, even after a 33% reduction to account for Rebel’s keto-specific market demand, highlights the significant financial exposure in trade dress litigation.
Rebel has appealed the judgment to the Second Circuit and separately filed for Chapter 11 bankruptcy, creating uncertainty around the final outcome and any potential recovery.