Rebel Creamery files for Chapter 11 bankruptcy following a $23.8 million trade-dress judgment from rival Van Leeuwen Ice Cream
Rebel Creamery filed for Chapter 11 bankruptcy protection on August 14 in the U.S. Bankruptcy Court for the District of Utah. The filing follows a $23.785 million judgment awarded to rival Van Leeuwen Ice Cream after a court ruled that Rebel Creamery intentionally infringed on Van Leeuwen's distinctive packaging design, known as trade dress. U.S. District Judge Eric Komitee ruled that Rebel Creamery's packaging was nearly identical to Van Leeuwen's monochromatic, pastel cardboard pints with minimalist designs and black script lettering. While Van Leeuwen originally sought over $36 million in profits, the court reduced the award to nearly $24 million, noting that some sales were driven by the demand for keto-friendly ice cream rather than just the packaging. Rebel Creamery reported approximately $13.78 million in assets and $23.85 million in liabilities. The company is currently appealing the judgment and lists the Van Leeuwen claim as a disputed debt. Rebel Creamery continues to operate while restructuring its debts under the Chapter 11 filing.