Trade Dress in the Ice Cream Aisle: $23.785 Million Disgorgement Award Bolsters Brand Owner Rights in Product Packaging

A packaging design can qualify as protectable trade dress—even when built from individually simple elements—if the combination creates a distinctive overall commercial impression. In Van Leeuwen Ice Cream LLC v. Rebel Creamery LLC, 2026 WL 2056314 (E.D.N.Y. July 16, 2026), the United States District Court for the Eastern District of New York held that Rebel Creamery LLC’s minimalist ice cream packaging infringed and diluted Van Leeuwen Ice Cream LLC’s trade dress, ordered a full packaging... By: Mayer Brown