Meltdown in the courts: Greenwich boys triumph!

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Riverside-reared Ben and Pete Van Leeuwen (and their business partner Laura O’Neill) have come out on top of this trade dress dispute.

The July 16 ruling gives Van Leeuwen founders Ben Van Leeuwen, Pete Van Leeuwen, and Laura O’Neill a sweeping victory in a five-year fight over packaging that helped them grow from a Brooklyn ice cream truck into a national brand.

Ben Van Leeuwen testified that the founders were “shocked” when an employee showed them Rebel’s pints, but initially hesitated to sue because the company had little capital and had never brought a lawsuit.

Ice cream maker Rebel Creamery files for bankruptcy after being ordered to pay $23.8M in packaging battle

Ice cream maker Rebel Creamery has filed for bankruptcy after losing a packaging battle with rival Van Leeuwen — and being ordered to shell out $23.8 million.

The Utah-based Rebel, which sells its low-carb Rebel Ice Cream at major retailers including Walmart, Target and Kroger, filed for Chapter 11 protection Friday in the US Bankruptcy Court for the District of Utah, The Street reported.

The company listed between $10 million and $50 million in assets and the same amount in debts, according to its bankruptcy filing.

The move comes less than a month after Rebel was ordered to turn over $23.785 million in profits to Van Leeuwen, after US District Judge Eric Komitee found that the business intentionally copied the New York ice cream company‘s packaging. 

Van Leeuwen’s design features pastel-colored, monochrome pints with matching lids, black script lettering and a minimalist look.

Komitee ordered Rebel to stop selling the infringing packaging and redesign its pints.

“The evidence at trial left no doubt that Rebel infringed and diluted Van Leeuwen’s trade dress and did so intentionally,” Komitee wrote, according to the outlet.

Trademark rights violation ruling

In his order, Komitee ruled that that Rebel Creamery intentionally copied Van Leeuwen’s branding and ordered the defendant to redesign its ice cream packaging, which consists of cardboard monochromatic pints with matching monochromatic lids, use of a pastel color palette, black script typeface lettering with an exaggerated capital letter, and an overall minimalistic design aesthetic, according to court documents on Justia.

The court found that there was evidence of actual confusion in the marketplace between Van Leeuwen and Rebel, according to the order.

“The evidence at trial left no doubt that Rebel infringed and diluted Van Leeuwen’s trade dress and did so intentionally,” Komitee wrote in his order. “As a result, Rebel will be enjoined from selling the infringing products and required to redesign its packaging to avoid any further infringement.”

“Rebel will also be required to disgorge its profits from selling infringing pints,” Komitee wrote.

Judge awards plaintiff $23.8 million

“Van Leeuwen is entitled to $23.785 million of Rebel’s profits from selling infringing ice cream pints,” according to the order. “The Clerk of the Court is respectfully directed to enter judgment for plaintiff and to close the case.”

Van Leeuwen was founded in 2008 and redesigned its packaging in 2014 and again to its current design in August 2016, according to Komitee’s order. Van Leeuwen’s annual growth rate more than doubled from 35.8% between 2014 and 2016 to 91.6% between 2017 and 2018.

Rebel Creamery was founded in September 2017, over a year after Van Leeuwen’s latest redesign of its packaging. Rebel’s packaging began appearing in grocery stores in August 2018 and was discovered by a Van Leeuwen employee in late 2018 or early 2019, according to court papers.

Van Leeuwen filed lawsuit in 2021

Van Leeuwen filed its lawsuit against Rebel Creamery in April 2021, seeking injunctive relief requiring Rebel to repackage its products and account for and pay for the profits from its infringement, to which Komitee ruled in favor of Van Leeuwen.

(And while we’re talking about Van Leeuwens don’t forget FWIW’s sole advertiser, Peter and Ben’s Dad Louis, who when he isn’t building fine houses, will cart you around in his luxury Lincoln SUV)

INC has more details on the packaging dispute:

…. The decision offers a costly warning for founders: Trademark law can protect the overall appearance of packaging even when its individual elements are common—and companies should preserve records showing how their designs were created.

Van Leeuwen sued Rebel in 2021, alleging that the Utah-based, low-sugar ice cream company copied four features of its dairy pints: monochromatic cartons with matching lids, pastel colors, oversized black script, and minimalist layouts.

Van Leeuwen introduced the design in 2016 after hiring Pentagram to prepare the brand for national wholesale distribution. The design firm researched competing brands and presented seven concepts before the founders chose the final look.

Natasha Jen, the Pentagram partner who led the project and testified in the case, tells Inc. that the firm retained its briefs, presentations, design files, rejected concepts, and successive rounds.

“Founders may think documentation is bureaucratic, but it is really a record of authorship and decision making,” Jen says. “Save what was presented. Save what was rejected. The process is part of the evidence.”

Elisha Barron, Van Leeuwen’s trial attorney, said the company believes its sales growth after the redesign and the press attention the packaging received also helped establish that the design was protectable.

The missing design trail

Rebel’s paper trail was thinner. The Archibalds testified that they created their packaging in Adobe Illustrator but produced no sketches, mockups, or earlier versions—only the completed design.

A Wegmans buyer warned Austin Archibald before Rebel’s first retail launch that the cartons resembled Van Leeuwen’s, according to the ruling. Rebel made no changes.

Judge Eric Komitee found that the similarities extended to the lettering, text placement, matching lids, and sparse layouts. The probability that Rebel independently arrived at all those choices was “infinitesimal,” he wrote, calling the founders’ account “clearly fabricated.”

When the original looks like the copycat

The court also found a risk of “reverse confusion”—Rebel’s expansion into major retailers could lead shoppers and buyers to believe Van Leeuwen was the imitator. A Publix buyer reportedly raised concerns about confusion before declining to stock Van Leeuwen.

A survey commissioned by Van Leeuwen found a 34.3 percent net-confusion rate. Mark Keegan, the consumer-research consultant retained by Van Leeuwen, says roughly one-third of surveyed ice cream shoppers associated Van Leeuwen with Rebel because of the packaging similarities.

The ruling doesn’t give Van Leeuwen ownership of pastel colors, cursive lettering, or minimalist design individually. It protects the overall combination and commercial impression of the packaging …. “Many courts will be hesitant to protect something they think is truly a contemporary aesthetic,” Rebecca Tushnet, a Harvard Law School trademark professor, tells Inc.

Tushnet says courts differ over what constitutes bad faith. Some treat deliberate copying as sufficient, while others look for an intent to cause confusion. In this case, she says, the Wegmans warning may have mattered.

“Juries and judges can be hostile to copycats, so the warning may have loomed large,” Tushnet says.

A $23.8-million warning

…. For founders, the lesson begins long before litigation: retain drafts, document design decisions, and investigate warnings from retailers. Van Leeuwen arrived in court with a record of how its identity was created. Rebel arrived with the finished pint.

Voting the Blue State way

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Head-to-toe election monitoring

… [Y] es, to answer your first question, native Minnesotans are the most credulous people on planet earth.

As everyone knows, Minnesota refuses to check voter IDs at the polling place. Even more absurdly, Minnesota allows for “same-day” voter registration. You don’t have to be registered before you show up to your polling place on election day in order to cast a vote.

Even more absurdly, Minnesota has no concept of provisional ballots. You cast a vote, it gets thrown into a bucket with all the legitimate votes, even if you don’t check out as bona fide later on.

And for the final absurdity, a registered voter can “vouch” for up to eight (8) unregistered voters, telling the election workers that it’s all good, based on his good word alone. They tell O’Keefe, “you are the ID.”

In any given election cycle, hundreds of thousands of voters register the day of an election. But tens of thousands fail later background checks every year. Too late, the votes have already been counted.

What could go wrong?

Shot (8/13/2026):

Chaser (8/14/2026):

As promised, agent provocateur James O’Keefe, III, posted his video from primary election day in Minneapolis, highlighting the state’s most absurd election provision: vouching.

Meanwhile, and not to be outdone by a band of Cheese Heads …

This Isn't Suspicious: MI Sectretary Of State Requires Deletion of Election Records One Week After Certification

Federal law requires the retention of voting records for 22 months after an election. 

Democrats don't like that. They believe in keeping things tidy by deleting all the evidence ASAP. With BleachBit, if possible. (Anthony Fauci, call your office.)

And there is no set of records they want cleaned up and tidy quite like election records; otherwise, you face the need to fight like hell in court to keep them locked away, as Fulton County did for years until the FBI got a warrant and seized them. And even after that, Fulton County has fought to keep them sealed. 

Nothing to see here, so why look? And, better yet, delete the evidence as soon as possible. Audits are a distraction, you know. 

(Text cont.)

Federal law orders her to KEEP those same records for 22 months, into 2028.

Delete them? Face up to 1 year of imprisonment under federal law. Refuse? Up to 90 days imprisonment under Michigan law. Every path carries a penalty aimed at my client personally. For trying to follow the law.

My client wrote Jocelyn Benson and the Director of Elections on July 6 and asked one question: how do I obey both? Thirty-seven days. NO ANSWER.

So we asked a judge, while the records still exist. No more waiting around. Declare which law controls. Preserve the voting records. And the part that should get your attention: the same rule governs the NOVEMBER election.

Especially with federal offices on the ballot, the constitution’s supremacy clause bars any rule such as this, and even this Secretary of State has to know that, yet she did it anyway; why?

Posted without comment; except, perhaps, to wonder at this happy-clappy scene of joy

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Dem Gov Maura Healey signs sweeping Massachusetts bill allowing abortions up to birth

Massachusetts becomes the 10th state to remove gestational age limits

And then this:

Abortion Doctor Admits Elective Late-Term Abortions Happen 'All the Time'

This Doctor is in Colorado. He specializes in late term abortions. He brags about his new techniques for performing late term abortion because they're more difficult. Yes, dismembering a larger baby would be more difficult.  He makes it very clear he will perform an abortion at any time and he has no qualms about it.

Piano players in a whore house

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"Our goal was, and remains, to draw attention to very real safety challenges facing pedestrians, motorcyclists and families throughout our community," Scott Trantolo, chief executive officer of the law firm, said in a written statement. "If a temporary message on a sidewalk gets people talking about how we can make Hartford and Connecticut roads safer, then we believe we have started an important conversation. The chalk will disappear; the need for safer roads will not."

Quelle surprise: there’s gold in removing them there hills

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the doctor will $ee you now

The full article’s at the link, but this short excerpt sums it up neatly:

“This report concludes that a litany of political and financial incentives led providers to offer, and indeed urge, the prescription of sex-rejection drugs and surgeries for minors.”

HHS points to “financial incentives” as one potential explanation for the explosion in gender-related care for minors — as hospitals sought a way to juice profits in pediatric departments, which typically bring in lower margins than other specialties.

“Gender clinics changed that calculus by introducing a novel source of revenue: they promised a new stream of continuous revenue for pediatrics, endocrinology, and surgical specialties by taking physiologically healthy young people — who otherwise would not need to seek medical attention, and rendering them dependent for life on the medical system.”

You can't hate the media enough

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The race of a victim may be irrelevant to a story like except when the victim’s race is revealed, and the race of the “person of interest”, her 65-year-old boyfriend is omitted. The only explanation that’s plausible is that NBC intended viewers to think it was a KKK-type racial killing. That’s as disgusting as the picture at the top of this page.

Terence Anderson, 65, arrested on a weapons charge

Still time — barely — to get a Van Leeuwen frozen yogurt today for just a buck

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Our former president has accepted an offer to return, but he may have forgotten

The sons of my friend Lou Van Leeuwen (who supports this blog, as you’ll have noticed - best service to the airports, Manhattan, or almost anywhere local - call him!) are celebrating:

Van Leeuwen to Debut Fro-Yo in Greenwich Thursday with $1 Small frozen Yogurt

Van Leeuwen Ice Cream, the NYC-born, national brand known for its cult-favorite dairy and vegan ice cream made with only good ingredients, is bringing something new to Connecticut.

Beginning Thursday, August 13 guests can enjoy Van Leeuwen’s signature Frozen Yogurt at the brand’s Greenwich location, with the offering expanding to other CT stores in the coming months.

To celebrate, guests can enjoy $1 small frozen yogurt (toppings not included) from 2:00 –5:00pm on launch day, August 13.

Made with organic A2 Bulgarian yogurt [Don’t ask me — Ed] and premium ingredients, Van Leeuwen Frozen Yogurt will launch with four flavors: Tart, Matcha, Passion Fruit, and Coconut.

Guests can enjoy flavors individually or swirled together and customize their cups with a variety of toppings, including: Pistachio Kataifi, Passion Fruit, Fresh Strawberries, Fresh Blueberries, Mochi, Chocolate Curls, Chocolate Hazelnut Sauce, Brownie Pieces, Cookie Dough, Biscoff Cookie Crumble and Peanut Butter Cups.

Ben Van Leeuwen, co-founder of Van Leeuwen Ice Cream, said, “Frozen yogurt should taste great. We wanted to make one the same way we approach everything else – with really good ingredients. Launching it in Greenwich feels especially meaningful because it’s where Pete and I first got our start, and we’re excited to share something new with the community that inspired us.”

Co-founders Ben and Pete Van Leeuwen are Greenwich natives and whose ice cream journey began in town back in 2002. The brothers rented a Good Humor truck and drove it all around Greenwich for two summers. With the money he made, Ben went backpacking around Asia and Europe, and found himself most excited by the food he discovered and the revelation that good food was more accessible in other parts of the world. His travels inspired the idea for an ice cream truck serving good ice cream. Not long after, Ben, Pete and Laura O’Neill launched Van Leeuwen in the form of a yellow scoop truck on the streets of NYC in 2008. Its French-style ice cream (made with more than double the amount of egg yolks as standard ice cream) quickly gained a loyal following, and Van Leeuwen has since expanded to 100+ storefronts as well as grocery stores across the country.

Van Leeuwen began as a yellow scoop truck on the streets of NYC in 2008 by brothers Ben and Pete Van Leeuwen, and Laura O’Neill, who were on a mission to make good ice cream from good ingredients that makes you feel good. The brand is known for its French-style ice cream (made with more than double the amount of egg yolks as standard ice cream) innovative vegan options, and unexpected collaboration flavors.

The next time you read a story about Trump's heartlessly cutting another social welfare program, remember that it's all about defending graft and phony government and NGO jobs

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Upper Mess Side NYC women’s shelter brings cat fights, junkies and public nudity to neighborhood near playground

A $500 million Upper West Side women’s shelter that was supposed to come with an on-site health clinic has instead brought drug use, public nudity and daily mayhem to a block with a popular playground, furious neighbors said.

The 200-bed Project Renewal shelter at 537 West 59th St. opened in May to house women grappling with addiction and serious mental illness.

But locals say the facility opened without the promised clinic — leaving residents without needed care and families scared to use Gertrude Ederle Playground next door.

“It’s a huge problem. It’s right next to a playground,” neighbor Heather, who declined to give her last name, told The Post. “There are people shooting up and vomiting in the playground.”

A teacher who asked not to be named said her school now takes the students to a playground further away to avoid the chaos.

“The reason why we haven’t been coming here as often is because of the women,” the teacher said. “When you have little ones running around, it becomes unsafe.”

The teacher said syringes have been found in the park, and that residents have been spotted naked and sometimes seen setting up makeshift camps on the sidewalk.

“Obviously they don’t get the help they deserve,” she said. “These people are not just struggling financially. They’re struggling mentally.”

Heather said she has seen residents wandering the area in bizarre outfits — including one woman dressed as a devil and another in a towel and ski goggles.

“They’re getting half a billion dollars to do this, and clearly they’re not providing the services they’re supposed to,” she said.

Project Renewal’s financial records show the nonprofit received nearly $104 million in government grants during fiscal year 2025.

A spokesperson for the Department of Social Services, which manages the shelter contract, said the location is already providing the women with much-needed services.

“This recently opened site is currently equipped with clinicians, case managers, and other social services staff to address the complex needs of each client and help them on their unique path to recovery and permanent housing,” the spokesperson said.

But Stacy Lefton, who has lived in the area for 17 years, said the once-quiet area has become unrecognizable.

“This is a family neighborhood,” she said. “I see the women fighting with each other.”

Lefton said ambulances are called to the shelter sometimes as much as four times a day. Over one recent weekend, she said, a woman spent hours outside without pants or underwear.

Lefton also, during a walk with her dog, watched another woman sit in the street, pull out a needle, inject herself and pass out.

Lefton said shelter workers told her to call 911 when she raised concerns.

“It was so scary. I ran home and called 911 and reported she needed help,” she said.

“This is so counterproductive,” she said. “These people need to be in inpatient facilities. What they’re doing here is not appropriate at all.”

Earlier this year, the NY Post reported that neighbors of the project staged a furious and futile protest against its opening:

The group Friends of Ederle Playground asked the city Department of Investigation in 2023 to probe the $500 million, 40-year government contract awarded during the final months of the de Blasio administration.

“In a city where it’s illegal to sell wine next door to a playground, Project Renewal wants you to believe it’s safe to bring in drug-addicted people from all over the city and to building their smoking courtyard next to the playground,” said one of the activists, Rachel Azarian, who has three kids.

The shelter is run by the non-profit Project Renewal, which won a contract that lasts 40 years to build out and operate the facility.

And what/who is “Project Renewal”? Glad you asked. Per Google AI,

Project Renewal is run by President and CEO Eric Rosenbaum and governed by a Board of Trustees chaired by Marlene Zurack. It is primarily funded through massive government contracts with New York City agencies (like the Department of Homeless Services), alongside federal and state grants, private foundations, and public donations.

  • Staff: Employs over 950 professional and support workers.

Funding Sources

  • City & State Contracts: Receives extensive municipal funding and multi-year human service contracts via agencies like the NYC Department of Social Services (DSS) and Department of Homeless Services (DHS).

  • Government Grants: Secures funding through federal and state entities, such as the U.S. Department of Housing and Urban Development (HUD) and the NYS Office of Temporary and Disability Assistance (OTDA). [1]

  • Philanthropy: Backed by private sector banks, corporate partners, and charitable organizations like the New York Community Trust.