In a recent LinkedIn post, Ligia Chacón Hernández discusses the critical importance of protecting a brand’s visual identity, moving beyond just the core product itself. Hernández uses a notable legal case in the food industry to illustrate how elements like packaging, logos, and overall visual presentation can become valuable intellectual property that requires safeguarding.
The Ice Cream Case: A Lesson in Packaging Protection
Hernández highlights the lawsuit filed by Van Leeuwen Ice Cream against Rebel Creamery. The core of the dispute, as outlined by Hernández, was Rebel Creamery’s alleged copying of Van Leeuwen’s distinctive packaging design. This included specific choices in color palettes and lettering styles.
“Van Leeuwen Ice Cream sued Rebel Creamery, alleging that Rebel had copied the distinctive look of its packaging, including its pastel, monochromatic colours and black cursive lettering.”
The outcome of this case served as a stark warning, according to Hernández. A federal judge ruled in Van Leeuwen’s favor, determining that the visual similarities were significant enough to confuse consumers. This decision resulted in substantial damages and a mandate for Rebel Creamery to redesign its product containers.
“In July 2026, a federal judge ruled in Van Leeuwen’s favour, finding that the similarities were enough to create consumer confusion. The result? Nearly $23.8 million in damages. And Rebel was ordered to redesign its ice cream containers.”
Brand Assets Extend Beyond the Product
Ligia Chacón Hernández argues that this legal battle underscores a broader principle for businesses, particularly in the food sector and for creators in general. The post emphasizes that a company’s assets are not limited to the tangible product being sold.
As Hernández points out:
- Packaging
- Logo
- Brand name
- Visual identity
- Product photography
- Website
- Marketing materials
These elements, Hernández explains, can all develop into significant brand assets. When a brand’s visual identity becomes distinct and recognizable, its protection becomes a paramount concern, akin to safeguarding the product itself.
Proactive IP Strategy is Key
Hernández strongly advises against a reactive approach to intellectual property. The post conveys a clear message: businesses should not wait until their brand elements are copied to begin considering their IP strategy.
“Don’t wait until someone copies what you’ve built to start thinking about IP.”
Hernández suggests that proactive measures are essential for building a strong competitive advantage. The post directs readers to moatly.ai for a free moat assessment, designed to help identify existing protections, uncover potential vulnerabilities, and guide users in strengthening their brand’s defenses.
The insights shared by Ligia Chacón Hernández underscore the evolving landscape of brand protection, where visual identity and creative assets are increasingly recognized as core components of intellectual property that demand strategic safeguarding from the outset.
📝 About This Content
This article is based on insights shared by Ligia Chacón Hernández on LinkedIn.
📅 Originally posted on October 2, 2026 | View original post on LinkedIn →