A federal judge thinks you’re too stupid to read an ice cream label
A federal judge in Brooklyn just decided that painting a cardboard ice cream pint a soft pastel color, giving it a matching lid, and writing the brand name in black cursive is so uniquely original, so protectable, that a competitor must now hand over nearly $24 million in profits for daring to do something similar. The target of this judicial creativity is Rebel Creamery, the low-carb, keto-friendly ice cream brand. The winner is Van Leeuwen.
TL;DR
- A federal judge awarded Van Leeuwen $24 million in profits from Rebel Creamery due to similar packaging.
- The author argues that Van Leeuwen's packaging (pastel color, matching lid, black cursive font) is not distinctive.
- Rebel Creamery's packaging prominently displays large black circles indicating net carbs and sugar content.
- The court dismissed Rebel's prominent dietary callouts as "slight design differences."
- The author believes the decision assumes shoppers are blind or unintelligent, as the carb count is easily visible.
- The author suggests the damages are absurd, as shoppers seeking high-sugar ice cream would not be confused by the clear low-sugar labeling.
- Rebel Creamery, a low-carb ice cream company, has filed for bankruptcy while fighting this decision.
- The author, a law professor, criticizes the ruling as an embarrassment to trademark law and an insult to consumer intelligence.