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A popular ice cream brand sold at Walmart and Kroger files for bankruptcy after ‘trade dress’ lawsuit
A federal judge ruled that Rebel Creamery infringed on Van Leeuwen Ice Cream’s trade dress. This ruling orders Rebel to pay Van Leeuwen approximately $23.8 million. Rebel Creamery, a keto-friendly ice cream brand, has filed for Chapter 11 bankruptcy protection. This filing comes as Rebel appeals the trade dress infringement judgment. Van Leeuwen, an older and more established brand, sued Rebel in 2021. The lawsuit alleged that Rebel's packaging too closely resembled Van Leeuwen's pastel design with black script. Trade dress protects the overall look of a product's packaging. The judge found that Rebel likely copied Van Leeuwen's packaging aesthetic. Rebel's founders could not provide sufficient evidence of their design process. The bankruptcy filing prevents immediate collection of the judgment. Rebel can continue operating during its reorganization, but its future hinges on the appeal's outcome.