A federal court in New York has ordered Rebel Creamery to pay Van Leeuwen Ice Cream $23 million in disgorged profits after finding Rebel liable for trade dress infringement under the Lanham Act and New York state law. Van Leeuwen Ice Cream LLC v. Rebel Creamery LLC, No. 21-2356 (E.D.N.Y., filed July 16, 2026). According to the ruling, Van Leeuwen sells pints of dairy ice cream in monochrome, pastel cardboard packaging with minimalist designs and black cursive script. The court said Rebel uses a near-identical color scheme and script, with slight design differences to convey dietary information. Van Leeuwen sued Rebel for trade dress infringement, and the court held a bench trial. “The evidence at that trial left no doubt that Rebel infringed and diluted Van Leeuwen’s trade dress and did so intentionally,” the court said. “As a result, Rebel will be enjoined from selling the infringing products and required to redesign its packaging to avoid any further infringement.”

Read more stories in Issue 851 of the Food and Beverage Litigation and Regulatory Update >>