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[BUSINESS] · United States · 18 sources

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Rebel Creamery files for bankruptcy after $23.8M packaging lawsuit

Rebel Creamery, a Utah-based ice cream manufacturer, has filed for Chapter 11 bankruptcy protection following a major legal defeat. The filing comes after a federal judge ordered the company to pay approximately $23.8 million to its rival, Van Leeuwen Ice Cream.

U.S. District Judge Eric Komitee ruled that Rebel Creamery intentionally infringed upon Van Leeuwen’s trade dress. The court found that Rebel’s packaging—characterized by pastel colors, minimalist design, and black script lettering—was substantially similar to Van Leeuwen’s distinctive look, leading to consumer confusion. As part of the judgment, Rebel was ordered to redesign its packaging and disgorge profits earned from the infringing products.

In its bankruptcy filing, Rebel Creamery reported assets and liabilities ranging between $10 million and $50 million. The company filed an appeal against the $23.8 million judgment on August 12, two days before seeking bankruptcy protection on August 14. Rebel Creamery, which sells products in major retailers like Walmart and Kroger, has denied the allegations of intentional copying.

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Eric Komitee · Rebel Creamery · Utah · Van Leeuwen · Van Leeuwen Ice Cream · Walmart

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