Rebel Creamery Files Chapter 11 After $23.8M Trademark Loss to Van Leeuwen

Rebel Creamery, a Utah-based keto ice cream maker sold at Walmart, Kroger, and Safeway nationwide, filed for Chapter 11 bankruptcy protection on August 14 in the U.S. Bankruptcy Court for the District of Utah. The filing came less than a month after U.S. District Judge Eric Komitee ruled that Rebel owed rival Van Leeuwen Ice Cream $23.785 million in disgorged profits for intentionally copying its distinctive pastel packaging design. Rebel listed $13.78 million in assets against $23.85 million in liabilities, with Van Leeuwen’s judgment claim accounting for nearly all unsecured debt.

How the packaging dispute started

Van Leeuwen sued Rebel in 2021, alleging the company copied its distinctive ice cream packaging. Van Leeuwen’s pints feature monochromatic pastel cardboard with minimalist designs and black cursive script. Rebel used a near-identical color scheme and script with slight design differences to convey dietary information, according to court records. Judge Komitee found the similarities confusing and ruled that Rebel intentionally infringed Van Leeuwen’s trade dress.

The $23.8 million judgment and appeal

On July 16, 2026, Judge Komitee ordered Rebel to pay $23.785 million in profits earned from selling infringing ice cream pints. He also ordered Rebel to stop selling products in the disputed packaging and redesign its branding. Van Leeuwen had sought over $36 million, but the court reduced the award. Two days before filing for bankruptcy on August 12, Rebel submitted a notice of appeal, listing the judgment as disputed in its bankruptcy filing.

Assets and liabilities in bankruptcy

Rebel reported $5.22 million in cash and cash equivalents, $2.59 million in accounts receivable, and $5.65 million in inventory. The company estimated assets and liabilities each between $10 million and $50 million, though Van Leeuwen’s $23.785 million claim accounts for nearly all fixed unsecured liabilities. Court records indicate funds will be available for distribution to unsecured creditors. Austin Archibald is listed as the company’s manager and member.

What happens to Rebel ice cream in stores

Rebel ice cream remains available at major retailers including Walmart, Kroger, Safeway, Target, and Meijer. The company filed for Chapter 11 restructuring rather than liquidation, meaning it continues operating while reorganizing its debt. Judge Komitee’s order requires Rebel to redesign its packaging to avoid further trademark infringement. The bankruptcy filing protects the company while it appeals the Van Leeuwen judgment.

Final Thoughts

Rebel’s bankruptcy protects it during appeal but leaves the $23.8 million judgment unresolved. With assets of $13.78 million against liabilities of $23.85 million, the company faces a significant shortfall unless the appeal succeeds or creditors accept reduced payments.

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