“Our focus is solely on protecting the unique trademarked design that represents the high quality associated with the Uncrustables brand and preventing consumer confusion caused by imitation,” Smucker Co. said.
The J.M. Smucker Co. has filed a lawsuit against Trader Joe’s, claiming that the retailer’s frozen peanut butter and jelly sandwiches are too similar to Smucker’s Uncrustables in design and packaging.
According to The Associated Press, the lawsuit was filed earlier this week in an Ohio-based federal court. In court filings, attorneys for Smucker said that the round, crustless sandwiches sold by Trade Joe’s have the same pie-like crimp marks on their edges as Uncrustables.
This, Smucker says, violates its trademarks.
Smucker also claims that the boxes that Trader
Joe’s PB&J sandwiches come in violate the company’s trademarks because they use similar fonts and colorings.
“Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches,” the company said in court documents. “But it cannot allow others to use Smucker’s valuable intellectual property to make such sales.”
Smucker repeatedly stressed that the lawsuit has less to do with money than protecting its brand.
“As a responsible trademark owner, we actively monitor the marketplace and enforce our federally registered trademarks to protect the distinctive Uncrustables sandwich design and round shape,” Smucker said. “Our focus is solely on protecting the unique trademarked design that represents the high quality associated with the Uncrustables brand and preventing consumer confusion caused by imitation.”
Smucker is asking for damages, as well the court-ordered delivery and destruction of all of Trader Joe’s allegedly trademark-infringing products and packaging materials.
Today notes that Smucker made a similar claim against Minnesota-based Gallant Tiger in 2022.
In that case, Smucker sent a cease-and-desist letter to the company, which was selling round, crustless sandwiches in flavors like “blueberry bourbon sage jam and peanut butter.”
Smucker, similarly, accused Gallant Tiger of trademark infringement related to the shape of the sandwiches as well as their packaging.
Geoffrey Lottenberg, the head of intellectual property for the firm Berger Singerman, told ABC News that “the key to this case is Smucker’s proving that it has strong brand rights and that consumers are likely to be confused into believing the Trade Joe’s sandwiches are affiliated with Smucker’s.”
“For example, Smucker’s alleges, based on certain social media posts, that the public believes that the Trader Joe’s sandwich are private labeled when they are not,” Lottenberg told ABC News. “This case is set up to test the bounds of product design recognition and how close a competitor can come before getting into hot water. The case is early and defenses have yet to be lodged, so it is unknown what unique issues of the la wmaly arise.”
Sources
Smucker sues Trader Joe’s, saying its new PB&J sandwiches are too similar to Uncrustables
Smucker’s Sues Trader Joe’s Over Crustless Sandwiches: What to Know
Why Uncrustables maker J.M. Smucker sued Trader Joe’s over PB&J sandwiches
Join the conversation!