EDNY Court Awards $23.8MM for Ice Cream Trade Dress Infringement

In Van Leeuwen Ice Cream LLC v. Rebel Creamery LLC, 1:21-cv-02356, (E.D.N.Y.), following a bench trial, Rebel was found to have intentionally infringed and diluted Van Leeuwen’s trade dress. The Court enjoined Rebel from selling the infringing products, ordered Rebel to redesign its packaging to avoid any further infringement, and additionally disgorged Rebel of its profits from selling the infringing pints, leading to a total damages award of $23,785,000 for Van Leeuwen......
By: King & Spalding


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