Uncrustable rip-off? Smucker sues Trader Joe's over sandwich product similarities | Fortune
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Uncrustable rip-off? Smucker sues Trader Joe's over sandwich product similarities | Fortune
"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. In the lawsuit, which was filed Monday in federal court in Ohio, Smucker said the round, crustless sandwiches Trader Joe's sells have the same pie-like crimp markings on their edges that Uncrustables do."
""Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches. But it cannot allow others to use Smucker's valuable intellectual property to make such sales," the company said in its lawsuit. 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."
Smucker filed a federal lawsuit in Ohio alleging Trader Joe's frozen peanut butter and jelly sandwiches copy Uncrustables' distinctive round, crustless shape and pie-like crimp edge. Smucker asserts Trader Joe's packaging uses the same blue color for lettering and depicts a bitten sandwich similar to Uncrustables, constituting trademark violations. Smucker states it does not object to competing crustless sandwiches generally but objects to use of its intellectual property. Smucker seeks restitution and a court order requiring Trader Joe's to turn over and destroy the infringing products and packaging. Legal observers note trademark strength but possible defenses about functionality and shape differences.
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