Ice cream maker Rebel Creamery has filed for bankruptcy after losing a packaging battle with rival Van Leeuwen and was ordered to shell out $23.8 million. Utah-based Rebel, which sells its low-carb Rebel Ice Cream at major retailers including Walmart, Target and Kroger, filed for Chapter 11 protection on Friday in the U.S. Bankruptcy Court for the District of Utah, The Street reported. The company listed between $10 million and $50 million in assets and the same amount in debt, according to its bankruptcy filing. Rebel Creamery filed for bankruptcy after losing a $23.8 million packaging battle with rival Van Leeuwen. rebelcreamery.com The move comes less than a month after Rebel was ordered to turn over $23.785 million in profits to Van Leeuwen after U.S. District Judge Eric Komitee found the company intentionally copied the New York ice cream company’s packaging. Van Leeuwen sued Rebel in 2021, arguing that the Utah company had copied its packaging. Van Leeuwen’s design features monochrome pastel pints with matching lids, black lettering and a minimalist look. Komitee ordered Rebel to stop selling the infringing containers and redesign its pints. “The evidence at trial left no doubt that Rebel infringed and diluted Van Leeuwen’s trade dress and did so intentionally,” Komitee wrote, according to the outlet. The Utah-based ice cream maker was found to have intentionally copied Van Leeuwen’s pastel-colored packaging. Brian Zak/NY Post “As a result, Rebel will be prohibited from selling the infringing products and required to redesign its packaging to prevent future infringements.” The judge determined that Rebel’s packaging was similar enough to cause confusion among customers. “Rebel will also be required to return profits made from the sale of infringing pints,” Komitee wrote. Rebel appealed the ruling before filing for bankruptcy, saying its founders had not seen Van Leeuwen’s packaging. rebelcreamery.com “Van Leeuwen is entitled to receive $23.785 million of Rebel’s profits from the sale of infringing pints of ice cream,” the judge added. Rebel denied the allegations and said its founders had not seen Van Leeuwen’s packaging when developing their own design. The company was founded in 2017, while Van Leeuwen, founded in 2008, introduced its current packaging in 2016. Van Leeuwen, founded in New York City in 2008, now has approximately 100 exclusive stores across the United States. Tamara Beckwith/New York Post Rebel pints began appearing in grocery stores in 2018 and were discovered by a Van Leeuwen employee later that year or in early 2019, according to court documents. During the case, Komitee rejected Rebel’s explanation of how its packaging was developed. The judge said Rebel’s testimony about the design process was fabricated and concluded that the similarity between the marks was unlikely to have occurred by chance. Rebel filed an appeal on August 12 challenging the $23.8 million judgment, two days before filing for bankruptcy. Van Leeuwen was founded in New York City in 2008 by siblings Ben and Pete Van Leeuwen and Laura O’Neill, who started the company with a yellow ice cream truck before opening its first store in Greenpoint, Brooklyn, in 2010. The company has grown from its roots in New York to become a national chain, with approximately 100 unique stores across the US by 2026. Both Rebel and Van Leeuwen were among the brands of ice creams that registered some of the best ice cream brands. year-over-year growth in 2025, according to Instacart data reported last month.
