The J.M. Smucker Co. has initiated legal proceedings against Trader Joe’s, claiming that the grocery chain’s frozen peanut butter and jelly sandwiches infringe on its trademark rights. This lawsuit was filed on a Monday in federal court situated in Ohio.

Details of the Lawsuit

Smucker asserts that Trader Joe’s PB&J sandwiches closely resemble its own Uncrustables in both design and packaging.

• The Trader Joe’s sandwiches feature round, crustless shapes with similar crimp markings.
• Smucker argues that the blue color used on Trader Joe’s packaging infringes on its established trademarks.
• The packaging also displays a sandwich with a bite taken out, echoing Uncrustables’ design.

Company Statements

In its lawsuit, Smucker stated, “We do not take issue with prepackaged, frozen crustless sandwiches. However, we cannot allow others to use our intellectual property.” The company seeks financial restitution and aims to have Trader Joe’s surrender products and packaging for destruction.

Legal Expert Insights

Michael Kelber, an intellectual property attorney, indicated that Smucker’s registered trademarks could strengthen its case. Nonetheless, he noted that Trader Joe’s might argue that the crimp design serves a functional purpose, which is non-trademarkable. Additionally, the shape of Trader Joe’s sandwiches is slightly more square compared to Uncrustables, potentially supporting their argument.

History of Uncrustables

Uncrustables were created in 1996 by two friends in Fergus Falls, Minnesota, and Smucker acquired the brand in 1998. The company obtained a patent for its “sealed, crustless sandwich” in 1999. Over the past two decades, Smucker has invested over $1 billion into developing Uncrustables, including perfecting their unique bread texture and introducing new flavors.

Consumer Confusion

Smucker claims consumer confusion is already occurring with Trader Joe’s product. They presented a social media post indicating potential misrepresentation of the sandwiches’ origins. This legal action follows previous efforts to protect the Uncrustables brand, including a cease and desist letter sent to Gallant Tiger, a Minnesota company producing similar products.

Brand Protection

Kelber emphasized that for brand owners, enforcing trademark rights is critical. Failing to act against apparent infringements can weaken their position against future violations. Lawsuits of this nature often lead to settlements as both parties seek to avoid costly trials.

Comparative Legal Issues

This lawsuit mirrors a recent case where Mondelez International sued Aldi over similar claims concerning store-brand cookies and crackers. Such high-profile legal battles highlight the importance of trademark enforcement in the retail food industry.