A federal judge thinks you’re too stupid to read an ice cream label

A federal judge in Brooklyn just decided that painting a cardboard ice cream pint a soft pastel color, giving it a matching lid, and writing the brand name in black cursive is so uniquely original, so protectable, that a competitor must now hand over nearly $24 million in profits for daring to do something similar. The target of this judicial creativity is Rebel Creamery, the low-carb, keto-friendly ice cream brand. The winner is Van Leeuwen.

This decision is an embarrassment to trademark law.