- Rebel Creamery filed for Chapter 11 bankruptcy in Utah on August 14, less than a month after a federal judge ordered it to pay $23.785 million to rival Van Leeuwen for intentionally copying its packaging.
- U.S. District Judge Eric Komitee ruled that Rebel infringed and diluted Van Leeuwen’s trade dress deliberately, though he reduced the original $36.4 million demand because some sales stemmed from keto demand rather than packaging confusion.
- Rebel is appealing the judgment while its bankruptcy filing lists between $10 million and $50 million in both assets and debts, with roughly $13.78 million in assets against about $23.85 million in liabilities.
- The brand’s pints remain on shelves at major retailers including Walmart, Kroger, Safeway, and Target during the Chapter 11 proceedings, though a packaging redesign will eventually be required.
Rebel Creamery filed for Chapter 11 bankruptcy protection in Utah on August 14, just weeks after a federal judge ordered the low-carb ice cream brand to hand over $23.785 million to rival Van Leeuwen over packaging that mimicked its competitor’s look. The case stems from a 2021 lawsuit in which Van Leeuwen argued that Rebel’s pastel, minimalist pint containers copied its cardboard packaging, matching lids, and black script lettering.
U.S. District Judge Eric Komitee sided with Van Leeuwen on July 16, ruling that Rebel had copied the design intentionally. “The evidence at trial left no doubt that Rebel infringed and diluted Van Leeuwen’s trade dress and did so intentionally,” Komitee stated. Van Leeuwen had originally sought $36.4 million in profits, but Komitee trimmed that amount by about a third, finding that some sales came from consumers seeking keto-friendly ice cream rather than from the packaging itself.
Rebel appealed the ruling on August 12 and filed for Chapter 11 protection two days later, listing the Van Leeuwen debt as disputed among its unsecured creditors. Court records show Rebel reported roughly $13.78 million in assets against about $23.85 million in liabilities, including $5.22 million in cash, $2.59 million in receivables, and $5.65 million in inventory. “Van Leeuwen is entitled to $23.785 million of Rebel’s profits from selling infringing ice cream pints,” Komitee added.
Rebel sells its pints at Walmart, Kroger, Safeway, and Target, and they should remain on shelves while the Chapter 11 case proceeds, though Komitee’s order still requires a packaging redesign. Rebel has denied intentionally copying Van Leeuwen, asserting that its founders built the design independently despite launching in 2017, a year after Van Leeuwen introduced its current look. Court filings do not establish that the lawsuit judgment was the sole reason for the bankruptcy, and Rebel had not responded to requests for comment on either matter. Van Leeuwen, which started as a single ice cream truck in New York City in 2008, now operates roughly 100 shops nationwide, a scale Rebel had pursued through supermarket shelves rather than storefronts.
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