The J.M. Smucker Co. is suing grocery chain Trader Joe’s in federal court over allegations of trademark infringement related to its Uncrustables line of frozen peanut butter and jelly sandwiches.
In its suit, filed in U.S. District Court for the Northern District of Ohio, Smucker — the Orrville-based maker of Folgers coffee, Hostess snack cakes and Jif peanut butter — accuses California-based Trader Joe’s of launching an “obvious copycat” product via its “crustless” peanut butter sandwiches.
“Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches,” according to Smucker’s Oct. 13 complaint. “But it cannot allow others to use Smucker’s valuable intellectual property to make such sales.”
In the lawsuit, Smucker claims its Uncrustables sandwiches are the “#1 frozen handheld brand in its category in the United States,” a position achieved over approximately 20 years of marketing and product development, which has cost more than $1 billion.
Smucker’s trademarked Uncrustables brand features imagery of the crustless sandwich in a “round pie-like shape with the distinct peripheral undulated crimping” with a bite taken out of it.
Packaging for Trader Joe’s comparable product, Smucker says, includes features that “mimic” these characteristics and include similar colors, which could contribute to confusion in the marketplace.
“Defendant has misappropriated Smucker’s substantial rights in and to the Uncrustables Design Marks,” according to Smucker’s complaint. “Unless restrained and enjoined by this Court, such conduct will permit Defendant to gain an unfair competitive advantage over Smucker, enjoy the selling power of the Uncrustables Design Marks, allow Defendant to improperly blunt and interfere with Smucker’s continued promotion and expansion of its Uncrustables Design Marks, and allow Defendant to palm off products as those being produced by, sponsored by or authorized by Smucker.”
In its court filings, Smucker says that it produces approximately 1.5 billion Uncrustables sandwiches annually and that the product line is “fast” on its way to “being a $1 billion brand.”
Smucker is suing over claims of trademark infringement, unfair competition, trademark dilution and violation of the Ohio Deceptive Trade Practices Act.
The Ohio company is being represented in the case by attorney Meredith Wilkes of Jones Day.
Smucker spokesperson Frank Cirillo shared the following statement about the suit: “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. 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.”
An attorney is not yet listed for Trader Joe’s.
Crain’s has reached out to Trader Joe’s for comment.
Read the lawsuit filing below.