Discovery Strategy Sinks Ice Cream Maker’s Jury Trial Request

Van Leeuwen Ice Cream LLC isn’t entitled to have its trade dress infringement claims against a competitor heard by a jury, a federal court said.

Van Leeuwen sued competitor Rebel Creamery LLC under the Lanham Act and New York law and requested a jury trial. it sought injunctive relief, compensatory and punitive damages, attorney’s fees and costs, and an order requiring Rebel to account for and pay over the profits from its infringement.

Van Leeuwen requested relief that generally entitles a trademark plaintiff to a jury trial: a legal claim for “damages based upon a charge of trademark infringement,” plus ...