This story was updated with an alteration and a comment from Rebel Creamery.
The popular Keto-based ice cream company Rebel Creamery filed for Chapter 11 bankruptcy last week, after losing a trademark lawsuit filed by another ice cream company.
The Utah-based ice cream company Rebel Creamery, known for its healthy, zero-sugar ice cream pints, filed for Chapter 11 bankruptcy on Friday, Aug. 14 in the U.S. Bankruptcy Court for the District of Utah. Its ice cream is still for sale at major grocery stores such as Meijer, Kroger, Fresh Thyme Market or Family Fare Supermarkets. The company filed for bankruptcy to restructure itself after losing a trademark infringement lawsuit initiated by the ice cream company Van Leeuwen, according to reports from the economy, business and personal finance publication TheStreet.
Van Leeuwen filed a lawsuit against Rebel in 2021, claiming it copied their packaging style, which caused consumer confusion, according to TheStreet. Van Leeuwen asked Rebel to repackage its ice cream to avoid further infringement and give compensation to Van Leeuwen on the sales earned from its previous packaging.
The lengthy lawsuit was handled by Judge Eric Komitee of the U.S. District Court for the Eastern District of New York as a bench trial.
“In his order, Komitee ruled that Rebel Creamery intentionally copied Van Leeuwen’s branding and ordered the defendant to redesign its ice cream packaging, which consists of cardboard monochromatic pints with matching monochromatic lids, use of a pastel color palette, black script typeface lettering with an exaggerated capital letter, and an overall minimalistic design aesthetic,” TheStreet wrote based on the Van Leeuwen Ice Cream LLC v Rebel Creamery LLC case file available via the website Justia.
On July 16, 2026, Komitee officially ruled in favor of Van Leeuwen, saying Rebel owes about $23.785 million in disgorged profits for violating the trademark.
Rebel filed a notice of appeal of Judge Komitee’s order with the U.S. Court of Appeals on Aug. 12, according to PacerMonitor, a website that tracks court cases.
“We are appealing the decision, and our products will continue to be widely available,” Rebel Creamery said on Aug. 17.
Here’s more on the ice cream brands:
What is Rebel Creamery ice cream?
Rebel Creamery was founded in 2017 by a family in Utah who favored the Keto diet, so they created a keto ice cream, making pints high in fat but low in sugar. The company lists 21 different flavors sold in pints or cases on their website. Rebel ice cream is sold nationwide.
In the case details, the couple that founded Rebel designed the packaging themselves with Adobe Illustrator software, and never saw Van Leeuwen’s packaging prior to doing so.
What is Van Leeuwen ice cream? What does the packaging look like?
Van Leeuwen was founded in 2008 and began as an ice cream truck in New York. Their business model centered on selling ice cream with simple ingredients and vegan options for everyone to enjoy. In its expansion, the company conducted its first packaging redesign in 2014, then another redesign with the help of a design agency, according to the case details. The final packaging look hit stores in 2017.
Contact Sarah Moore @ smoore@lsj.com
This article originally appeared on Lansing State Journal: Ice cream company Rebel filed for Chapter 11 bankruptcy. Here’s why
Reporting by Sarah Moore, USA TODAY NETWORK / Lansing State Journal
USA TODAY Network via Reuters Connect
By Sarah Moore, USA TODAY NETWORK | USA TODAY Network
