How a DIY Adobe Illustrator design landed Rebel Creamery in a $23.8 million fight with Van Leeuwen

Rebel Creamery, a Utah-based low-carb ice cream maker, filed for bankruptcy on Aug. 14 after losing a $23.8 million legal dispute with Van Leeuwen Ice Cream over trade-dress infringement. The dispute arose from the similar packaging designs of Rebel and Van Leeuwen, which led to customer confusion and allegations of intentional infringement.

Rebel claimed they designed their logo and packaging using Adobe Illustrator in 2017 without retaining any drafts or records. U.S. District Judge Eric Komitee ruled that Rebel had intentionally infringed and diluted Van Leeuwen's trade-dress, and ordered the company to redesign its pints. Rebel appealed the ruling and listed the $24 million claim from Van Leeuwen as "disputed" and "under appeal" in their bankruptcy filing.

The two brands, often sold at the same grocery stores, shared a nearly identical color scheme and script on their packaging, leading to customer confusion and store employees unintentionally stocking the wrong pint with the wrong price sticker.