Van Leeuwen Wins $23.8 Million Ice Cream Trademark Case
A federal judge ordered Rebel Creamery to redesign its packaging after finding the founders’ account of independently creating pastel cartons was ‘clearly fabricated.’
A federal judge has ordered Rebel Creamery to redesign its pastel ice cream pint packaging and surrender nearly $23.8 million in profits, ruling that founders Austin and Courtney Archibald intentionally copied Van Leeuwen Ice Cream's design.
The July 16 ruling grants Van Leeuwen Ice Cream founders Ben Van Leeuwen, Pete Van Leeuwen, and Laura O'Neill a significant victory in a five-year dispute over packaging that helped transform their Brooklyn ice cream truck into a national brand. Van Leeuwen alleged that Rebel Creamery copied four features of its dairy pints: monochromatic cartons with matching lids, pastel colors, oversized black script, and minimalist layouts.
The case, initiated when Van Leeuwen sued Rebel in 2021, highlights the protections afforded by intellectual property law, particularly trademark. The court found that the Rebel Creamery founders' original account of how they independently developed their packaging's appearance was "clearly fabricated," leading to the substantial profit forfeiture and redesign order.
Rebel Creamery is now required to create new packaging following the finding of intentional copying. The decision serves as a costly warning to founders: trademark law can protect the overall appearance of packaging even when its individual elements are common, and companies should preserve records demonstrating the creation of their designs.