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03-05-2022 kslmadmin
A federal judge has ruled that J.M. Smucker can proceed with a lawsuit against Trader Joe’s over frozen sandwiches that Smucker claims are too similar to its Uncrustables.
Smucker sued Trader Joe’s in federal court in Ohio last fall, claiming Trader Joe’s committed a trademark violation when it introduced frozen peanut butter and jelly sandwiches with the same round shape and crimped edges as Uncrustables.
The lawsuit further alleged that Trader Joe’s put its crustless PB&Js peanut in packaging that too closely resembled the coloring of an Uncrustables box and featured a similar photograph of a sandwich with a bite taken out of one side.
In court filings, Trader Joe’s said its frozen sandwiches aren’t round but shaped as “squircles,” or square sandwiches with rounded edges. The company said the crimped design is necessary to keep the contents inside the sandwich and Smucker, based in Orrville, Ohio, shouldn’t be allowed to monopolize it.
Trader Joe’s also said Smucker’s current Uncrustables packaging, which it only introduced in 2024, is not famous enough to meet the standards of a federal trademark dilution claim.
“Smucker reaches too far. Its sandwiches’ appearance and cartoon avatar are no Nike swoosh or McDonald’s golden arches,” Trader Joe’s said in a January court filing that asked for the case to be dismissed.
But U.S. District Judge John Adams ruled Friday that Smucker had devoted significant resources to developing Uncrustables and protecting the brand in the past 20 years. Adams said customers have come to associate Uncrustables’ design trademarks with the brand.
The judge also declined Trader Joe’s request to move the case to California, where it is headquartered and where the third-party supplier of its frozen sandwiches is also located.
The Associated Press left messages seeking comment Monday with Trader Joe’s and Smucker.
Smucker is seeking restitution from Trader Joe’s. It also wants a judge to require Trader Joe’s to deliver all products and packaging to Smucker to be destroyed.
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