Rebel Creamery files bankruptcy after $23.8 million trade-dress verdict against Van Leeuwen

Rebel Creamery, launched by Austin and Courtney Archibald in 2017, crafted its logo and pint packaging themselves using Adobe Illustrator. A July 16 ruling by U.S. District Judge Eric Komitee found that the company’s solid-colored containers with black cursive lettering deliberately mirrored Van Leeuwen Ice Cream’s trade dress, which was developed by design studio Pentagram, leading to shopper confusion on shelves. The judge ordered Rebel to redesign its packaging and awarded Van Leeuwen a judgment of just under $24 million, which the company appealed on Aug. 12.

Two days later Rebel filed for Chapter 11 bankruptcy, reporting $13.78 million in assets and $23.85 million in liabilities, and listed the disputed claim as “under appeal.” The case underscores the financial risks of DIY branding for emerging food brands.