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Ice cream brand sold in stores nationwide files for bankruptcy
A court found Rebel intentionally infringed Van Leeuwen’s trade dress and ordered packaging changes before the ice cream maker sought bankruptcy protection.
On Friday, Aug. 14, Rebel Creamery filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the District of Utah, following a trademark dispute with competitor Van Leeuwen.
Judge Eric Komitee ruled on July 16 that Rebel intentionally infringed on Van Leeuwen's trade dress, ordering the company to pay approximately $23.8 million in disgorged profits.
Court records show Komitee described Van Leeuwen's packaging as 'monochromatic, pastel cardboard packages with minimalist designs and black cursive script,' noting Rebel used 'a near-identical color scheme and script on their packaging, with slight design differences to convey dietary information.'
Rebel appealed the ruling on Aug. 12, filing notice with the U.S. Court of Appeals, and listed Van Leeuwen's nearly $24 million claim as 'disputed' in its bankruptcy filing.
Founded in Utah in September 2017 by Austin and Courtney Archibald, the keto-friendly brand markets itself as the 'lowest glycemic index ice cream in the market' and operates nationwide across major retailers; court filings do not establish the judgment as bankruptcy's sole cause.
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