AT A GLANCE
- Smucker accuses Trader Joe’s of copying the design and packaging of its Uncrustables sandwiches.
- The company claims Trader Joe’s crustless PB&Js feature the same crimped edges and blue packaging.
- Smucker seeks restitution and destruction of Trader Joe’s sandwich inventory.
- Legal experts say Trader Joe’s may argue the crimping is functional, not trademarkable.
Smucker Takes Trader Joe’s to Court Over Uncrustables Look-Alikes
The J.M. Smucker Co. is taking Trader Joe’s to federal court, claiming the grocery chain’s new frozen peanut butter and jelly sandwiches are a blatant imitation of Smucker’s iconic Uncrustables. The lawsuit, filed Monday in Ohio, accuses Trader Joe’s of infringing on Smucker’s trademarks through both the design of the sandwiches and their packaging.
According to the filing, Trader Joe’s sandwiches are round and crustless with the same crimped, pie-like edges that define Uncrustables. Smucker also alleges the blue lettering and bitten sandwich image on Trader Joe’s boxes mimic Uncrustables’ signature packaging.
“Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches,” the company said. “But it cannot allow others to use Smucker’s valuable intellectual property to make such sales.”
Smucker wants Trader Joe’s to hand over all existing products and packaging for destruction, along with financial restitution. Trader Joe’s, based in Monrovia, California, has not publicly commented.
Legal Experts Say Design May Be Hard to Protect
Trademark attorney Michael Kelber of Neal Gerber Eisenberg said Smucker’s registered trademarks strengthen its case. However, Trader Joe’s could argue the crimped design is a functional feature that can’t be trademarked and that its sandwiches—slightly squarer than Uncrustables—aren’t identical.
“The big question in these cases is whether consumers are being deceived,” Kelber noted. Smucker claims they are, citing social media posts where customers mistakenly assumed Trader Joe’s sandwiches were made by Smucker.
Smucker has a history of defending its brand. In 2022, it sent a cease-and-desist letter to Gallant Tiger, a Minnesota company making gourmet crustless PB&Js, though no lawsuit followed.
Protecting the Brand at All Costs
Uncrustables, created in 1996 and bought by Smucker two years later, became a billion-dollar brand after decades of refinement and experimentation with new flavors like chocolate and hazelnut.
“For a brand owner, what’s the point of having this brand if I’m not going to enforce it?” Kelber said. “If they ignore Trader Joe’s, they’re feeding that, and then the next person who does it they won’t have an argument.”
Trademark battles like this often end in settlement rather than trial, but for now, Smucker appears intent on proving that imitation isn’t the sincerest form of flattery—it’s grounds for litigation.
