A recognizable brand is more than a name or logo. Sometimes, the packaging itself tells consumers exactly who made the product.
That was at the center of a recent trademark dispute between Van Leeuwen Ice Cream and competitor Rebel Creamery. A federal judge in New York found that Rebel infringed Van Leeuwen’s trade dress by selling ice cream in packaging that was confusingly similar to Van Leeuwen’s distinctive pint design.
The result was significant. Rebel was ordered to redesign its packaging and pay Van Leeuwen nearly $23.8 million in profits.
The case is a reminder that businesses should think carefully before adopting branding that resembles a competitor. It also shows why companies should consider protecting distinctive packaging as part of their intellectual property strategy.
Van Leeuwen Takes Rebel Creamery to Court
Van Leeuwen Ice Cream is known for its distinctive pint containers. Its packaging uses a minimalist design, monochromatic pastel colors and contrasting black cursive lettering. Rebel Creamery sells low-sugar ice cream. Van Leeuwen alleged that Rebel adopted packaging that looked too similar to its own.
Van Leeuwen sued Rebel in the U.S. District Court for the Eastern District of New York in 2021. It asserted claims involving trade dress infringement and other violations of federal and New York law. Rebel denied the allegations. The company argued, among other things, that its founders had not seen Van Leeuwen’s packaging when Rebel developed its own design.
After a bench trial, U.S. District Judge Eric R. Komitee was not persuaded. The court also rejected Rebel’s good-faith-remote-user defense.
In a July 16, 2026, decision, the court found Rebel liable for Lanham Act trade dress infringement, New York trade dress infringement and unfair competition, and dilution under New York General Business Law § 360-l.
What Is Trade Dress?
Most businesses understand that trademarks can protect brand names, logos and slogans. But trademark law can extend further.
Trade dress generally refers to the distinctive visual appearance of a product or its packaging that identifies the source of the goods.
Depending on the circumstances, trade dress may include elements such as:
- Color combinations
- Packaging
- Shapes
- Labels
- Graphics
- Layout
- Design features
- The overall presentation of a product
The key is not simply whether the packaging looks attractive or unique.
The question is whether its overall appearance functions as a source identifier and whether another company’s use of a similar design is likely to confuse consumers.
Consumer Confusion Strengthened Van Leeuwen’s Case
One of the central questions in trademark and trade dress litigation is whether consumers are likely to become confused about the source of a product.
Here, Van Leeuwen had more than a theoretical argument. The court considered evidence showing that consumers and industry professionals had actually confused Rebel’s packaging with Van Leeuwen’s.
That evidence helped support the finding of infringement.
For businesses, this illustrates why evidence of marketplace confusion can become so important. Customer emails, social media posts, retailer communications, surveys and other records may help establish that similar branding is affecting how consumers perceive competing products.
Companies should preserve that evidence when a potential infringement problem arises.
Rebel Must Pay Nearly $23.8 Million
The financial consequences were substantial.
The court awarded Van Leeuwen $23,785,000 of Rebel’s profits from sales of infringing ice cream pints. It also permanently enjoined Rebel from selling products bearing trade dress likely to be confused with Van Leeuwen’s meaning Rebel must redesign its packaging.
What Businesses Can Learn From the Van Leeuwen Decision
The dispute offers several lessons for companies developing products, packaging and brand identities:
- Conduct Clearance Before Launching a New Design
Trademark clearance should not stop with a search for identical brand names. Businesses should also examine competitors’ packaging, logos, color combinations and other visual elements. A design does not need to be identical to create a problem. The overall commercial impression matters.
- Do Not Assume Removing the Logo Solves the Problem
Trade dress focuses on the total appearance of a product or its packaging. Changing the company name while retaining a competitor’s recognizable visual presentation may not eliminate infringement concerns.
- Document the Design Process
Companies should maintain records showing how packaging and branding were developed. Design drafts, emails, agency communications, inspiration boards and research can become important if a competitor later alleges intentional copying.
- Protect Distinctive Packaging
Businesses often focus their trademark portfolios on names and logos. Distinctive packaging may deserve protection too. If customers recognize a product based on its appearance before they even read the name, that design may have significant brand value. Companies should consider whether trade dress protection belongs in their broader intellectual property strategy.
- Take Infringement Concerns Seriously
Ignoring a cease-and-desist letter or continuing to use potentially infringing packaging can increase legal and financial exposure. A company may be able to negotiate a resolution, modify its branding or address the dispute before years of sales create a much larger damages claim.
Protect Your Brand With Romano Law
Trademark and trade dress disputes can affect far more than a company’s logo. Packaging, product design and other visual elements may become valuable intellectual property assets when consumers associate them with a particular brand.
Romano Law helps businesses, entrepreneurs and creatives navigate trademark protection, brand development and intellectual property disputes. We can assist with trademark clearance, registration, licensing, enforcement and infringement matters.
If you are developing a new brand, concerned that a competitor is copying your packaging or facing allegations that your branding is too similar to another company’s, early legal guidance can help you understand your options.
Contact Romano Law or book a meeting with our team to discuss how to protect your brand and reduce intellectual property risk.
Contributions to this blog by Kennedy McKinney.
