Introduction to the Lawsuit
The J.M. Smucker Co. is suing Trader Joe’s, alleging the grocery chain’s new frozen peanut butter and jelly sandwiches are too similar to Smucker’s Uncrustables in their design and packaging. This lawsuit was filed in federal court in Ohio, where Smucker is based. The company claims that Trader Joe’s round, crustless sandwiches have the same pie-like crimp markings on their edges as Uncrustables, which violates Smucker’s trademarks.
Details of the Lawsuit
Smucker also asserts that the boxes Trader Joe’s PB&J sandwiches come in violate its trademarks because they are the same blue color used for the lettering on “Uncrustables” packages. Additionally, Trader Joe’s boxes show a sandwich with a bite mark taken out of it, similar to the Uncrustables design. Smucker does not take issue with others selling prepackaged, frozen, thaw-and-eat crustless sandwiches, but it cannot allow others to use its valuable intellectual property to make such sales.
Demands of the Lawsuit
Smucker is seeking restitution from Trader Joe’s and wants a judge to require Trader Joe’s to deliver all products and packaging to Smucker to be destroyed. A message seeking comment was left with Trader Joe’s, which is based in Monrovia, Calif. Michael Kelber, chair of the intellectual property group at Neal Gerber Eisenberg, a Chicago law firm, said Smucker’s registered trademarks will help bolster its argument. However, Trader Joe’s might argue that the crimping on its sandwiches is simply functional and not something that can be trademarked.
History of Uncrustables
Uncrustables were invented by two friends who began producing them in 1996 in Fergus Falls, Minn. Smucker bought their company in 1998 and secured patents for a “sealed, crustless sandwich” in 1999. But it wasn’t easy to mass produce them. Smucker said it has spent more than $1 billion developing the Uncrustables brand over the last 20 years. The company spent years trying to perfect Uncrustables’ stretchy bread and developing new filling flavors like chocolate and hazelnut.
Previous Legal Actions
This isn’t the first time Smucker has taken legal action to protect its Uncrustables brand. In 2022, it sent a cease and desist letter to a Minnesota company called Gallant Tiger, which was making upscale versions of crustless peanut butter and jelly sandwiches with crimped edges. Smucker said it hasn’t taken further action but continues to monitor Gallant Tiger. Smucker likely felt it had no choice but to sue this time around, according to Kelber.
Importance of Trademark Protection
Kelber said, “For the brand owner, what is the point of having this brand if I’m not going to enforce it? If they ignore Trader Joe’s, they are feeding that, and then the next person who does it they won’t have an argument.” Trademark cases often wind up being settled because neither company wants to go through an expensive trial. Smucker’s lawsuit comes a few months after a similar lawsuit filed against Aldi by Mondelez International, which claimed Aldi’s store-brand cookies and crackers have packaging that is too similar to Mondelez brands like Chips Ahoy, Wheat Thins, and Oreos.
Conclusion
The lawsuit between Smucker and Trader Joe’s highlights the importance of trademark protection and the measures companies will take to defend their intellectual property. As the case progresses, it will be interesting to see how the court rules on the similarities between Trader Joe’s sandwiches and Uncrustables. The outcome of this lawsuit could have significant implications for the food industry and the way companies approach product design and packaging.
FAQs
Q: What is the basis of the lawsuit between Smucker and Trader Joe’s?
A: The lawsuit is based on the claim that Trader Joe’s frozen peanut butter and jelly sandwiches are too similar to Smucker’s Uncrustables in design and packaging, violating Smucker’s trademarks.
Q: What specific features of Trader Joe’s sandwiches does Smucker claim are infringing on its trademarks?
A: Smucker claims that the round, crustless shape, pie-like crimp markings, and blue packaging of Trader Joe’s sandwiches are too similar to those of Uncrustables.
Q: Has Smucker taken legal action to protect its Uncrustables brand in the past?
A: Yes, in 2022, Smucker sent a cease and desist letter to a Minnesota company called Gallant Tiger, which was making similar crustless peanut butter and jelly sandwiches.
Q: What is the potential outcome of this lawsuit?
A: The outcome could result in Trader Joe’s being required to change the design and packaging of its sandwiches, pay restitution to Smucker, or both. The case could also be settled out of court.
Q: Why is trademark protection important for companies like Smucker?
A: Trademark protection is important because it allows companies to defend their intellectual property and prevent others from profiting from their unique designs and packaging.
