A Popular Ice Cream Brand Is Going Bankrupt After A $23.8 Million Packaging Lawsuit

Rebel Creamery LLC, maker of Rebel ice cream, filed for Chapter 11 bankruptcy protection after losing a lawsuit that resulted in a $23.8 million judgment for rival ice cream maker Van Leeuwen. On July 16, 2026, U.S. District Judge Eric Komitee ruled that Rebel Creamery had violated Van Leeuwen's trade dress and that it "did so intentionally," per The Street. 

Van Leeuwen initially sued Rebel Creamery for $36.4 million. The judge decided on the $23.8 million figure after reviewing Rebel's sales and subtracting about 30%, which he determined represented legitimate demand for keto ice cream unrelated to confusion between the two brands. By filing for bankruptcy, Rebel Creamery can stave off the judgment and may work on the appeal it filed two days prior. 

The lawsuit took root nearly eight years ago. Van Leeuwen employees first saw Rebel ice cream on social media in 2018 or 2019 and noticed how similar the packaging seemed. Van Leeuwen, which makes many different ice cream flavors, did not sue at that time because it was still a new company and lacked the resources for a lawsuit. However, it eventually filed suit in 2021.

Evidence introduced during the trial bolstered Van Leeuwen's claims that the similar packaging confused customers and store employees. In the official court filing, a customer complained that their husband bought Rebel ice cream "by accident when I sent him to the store for Van Leeuwen," because the "product was placed right next to [it] and looked the same." There was also evidence that store employees would sometimes mislabel the brands, applying Rebel price tags to Van Leeuwen products.

At issue in the suit was not a copyright or trademark, but trade dress. Pints of Rebel ice cream are fairly simple in appearance. They feature solid, pastel colors and black script lettering that resembles simple cursive. This is also how Van Leeuwen packages its ice cream. Trade dress doesn't just cover a color, font, or logo — it refers to the overall look and feel of a product or business.

Van Leeuwen chose its design in 2016, more than a year before Rebel Creamery was founded. During the trial, the founders, Austin and Courtney Archibald, claimed they designed the packaging having never seen Van Leeuwen's — but they had saved none of their design work, only the end product. Austin Archibald also claimed that the first saw a Van Leeuwen package in 2018, when a retailer showed it to him. In the official court filing, Judge Komitee bluntly stated, "their testimony concerning the development of Rebel's packaging was clearly fabricated."

Despite the bankruptcy and appeal, Rebel Creamery appears to be still operating. Its website is still active and directs customers to stores. However, direct sales through the website have been paused. At the time of writing, a message on the Rebel ice cream product pages read, "Sales paused ETA 3-4 weeks." It's unclear when the message was published.

Fans on Reddit have been having issues finding the ice cream for months. A Reddit post apparently from Rebel Creamery itself said, "The business is still healthy ... and we aren't going anywhere." Both the appeal and the bankruptcy are ongoing. Many brands file for bankruptcy but don't necessarily go out of business. If you're looking to enjoy those popular Rebel ice cream flavors again, they may be available soon enough.