Susman Godfrey has secured a decisive victory for Van Leeuwen Ice Cream in a closely watched trade dress infringement case, obtaining a judgment requiring competitor Rebel Creamery to pay $23.8 million and permanently redesign its packaging after the U.S. District Court for the Eastern District of New York found that Rebel intentionally copied Van Leeuwen’s distinctive branding.
Partner Elisha Barron and associate Amy Gregory handled multi-year litigation, culminating in a 4-day bench trial before the U.S. District Court for the Eastern District of New York. In a sweeping 65-page opinion, Judge Eric Komitee found that Rebel intentionally infringed and diluted Van Leeuwen’s distinctive trade dress by copying the company’s signature pastel, monochromatic packaging, black cursive script, and minimalist aesthetic. The court permanently enjoined Rebel from selling the infringing products, ordered it to redesign its packaging, rejected all of Rebel’s defenses and counterclaims, and awarded Van Leeuwen nearly $24 million in the defendant’s profits for its willful infringement.
The decision is a significant victory for brand owners seeking to protect distinctive product packaging and underscores the strength of federal and New York trade dress protections for companies that invest in building recognizable consumer brands.
Barron led the Susman Godfrey team representing Van Leeuwen throughout the case, from filing suit in 2021 through trial and judgment. She was joined on the matter by associate Amy Gregory. Read more about the win in Inc., Law.com and Reuters.
The case is Van Leeuwen Ice Cream LLC v. Rebel Creamery LLC (1:21-cv-02356) in the United State District Court for the Eastern District of New York.
