A federal district court in New York granted Rebel Creamery LLC’s motion to strike a jury demand in Van Leeuwen Ice Cream LLC’s action for trade dress infringement and related claims. Van Leeuwen sought injunctive relief requiring Rebel to repackage its products, compensatory and punitive damages, attorneys’ fees and costs, and an order requiring Rebel to account for and pay over the profits from its infringement. The court said that none of Van Leeuwen’s Lanham Act or state law claims support its jury demand.
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