Rebel Creamery LLC on Aug. 14 filed for Chapter 11 bankruptcy protection to restructure its debts after losing a $23.8 million trademark infringement lawsuit brought against it by competing Van Leeuwen Ice Cream LLC.

Both are super-premium ice creams sold in pints, both brands have enjoyed soaring sales in recent years and both sets of packaging use bright pastel colors, but only a single color for each pint, with black script lettering.

Rebel, sold at major retailers such as Walmart, Target and Kroger, proclaims on its site “full-fat dairy, no sugar” and no lactose, and some of the products are marketed as keto-friendly. Van Leeuwen, founded in New York by brothers Ben and Pete Van Leeuwen, proudly says its ice creams contain fat and they call them French ice cream because of the egg yolks used.

Van Leeuwen filed its trade dress lawsuit against Rebel Creamery in April 2021. The U.S. District Court for the Eastern District of New York on July 16 awarded Van Leeuwen $23.785 million from Rebel for violating the former’s trademark rights based on the defendant’s use of similar product packaging.

Judge Eric Komitee ruled that Rebel Creamery intentionally copied Van Leeuwen’s branding and ordered the defendant to redesign its ice cream packaging, according to financial news site The Street. The court found that there was evidence of actual confusion in the marketplace between Van Leeuwen and Rebel.

Rebel last week filed a petition in the U.S. Bankruptcy Court for the District of Utah, where Rebel is based, seeking protection while it restructures its debt; it listed $10-50 million in assets and liabilities, according to court documents seen by The Street.