Smucker sues Trader Joe's, saying its new PB&J sandwiches are too similar to Uncrustables
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Smucker sues Trader Joe's, saying its new PB&J sandwiches are too similar to Uncrustables
"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 said the design violates its trademarks."
"Smucker also asserted that the boxes Trader Joe's sandwiches come in violate the Orrville, Ohio-based company's trademarks because they are the same blue color it uses for the lettering on Uncrustables packages. Trader Joe's boxes also show a sandwich with a bite mark taken out of it, which is similar to the Uncrustables design, Smucker said. Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches."
Smucker filed a federal lawsuit in Ohio accusing Trader Joe's of selling frozen peanut butter-and-jelly sandwiches that mimic Uncrustables' design and packaging. The complaint cites round, crustless sandwiches with the same pie-like crimp edge, similarly colored blue lettering on boxes, and imagery of a sandwich with a bite mark. Smucker says the similarities violate its trademarks and cause consumer confusion, and notes it does not oppose other prepackaged crustless sandwiches that do not use its intellectual property. Smucker bought the original Uncrustables makers in 1998, secured patents in 1999, and reports over $1 billion invested in brand development and product R&D.
Read at www.ocregister.com
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