Jam and peanut butter maker Smucker’s has sued the popular grocery chain Trader Joe’s, claiming it copied its PB&J Uncrustables product.
The J.M. Smucker Company, commonly referred to as Smucker’s, said in a lawsuit filed in a federal court in Ohio on Monday that its pre-made and frozen-to-be-thawed handheld sandwiches are an American favorite thanks to “decades of marketing and product development costing over a billion dollars.”
The company said Trader Joe’s is trying to benefit from Smucker’s “substantial investment” with its “Crustless Peanut Butter & Strawberry Jam Sandwiches,” which Smucker’s calls an “obvious copycat.”
Smucker’s produces about 1.5 billion Uncrustables sandwiches a year, and the products are “fast on their way to being a $1 billion brand,” according to the suit.
The company said it doesn’t have a problem with competitors selling “prepackaged, frozen, thaw-and-eat crustless sandwiches,” but it “cannot allow others to use Smucker’s valuable intellectual property to make such sales.”
Smucker’s accused Trader Joe’s of trademark infringement, unfair competition, and deceptive trade practices, among other business violations.
The infringing conduct that Smucker’s has accused Trader Joe’s of has to do with the sandwiches’ shape and the marketing of the product.
Trader Joe’s “recently introduced a round, crustless sandwich with a crimped edge that [Trader Joe’s] is marketing with a bite taken out of it on the packaging that mimics the Uncrustables Design Marks,” the suit reads.
Smucker’s also accused Trader Joe’s of choosing “packaging that prominently features the same color blue that Smucker uses.”
The company also said customers have been “deceived into believing that [Trader Joe’s] product is in some way sponsored by, originates from or is affiliated with Smucker, when, in fact, it is not.”
Smucker’s has requested Trader Joe’s stop using branding that imitates “the Uncrustables Design Marks” and give Smucker’s all products and marketing materials related to the claimed infringement for destruction. The company is also seeking unspecified monetary damages.
“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,” Smucker’s told CBS News.
The Independent has reached out to Smucker’s and Trader Joe’s for comment.
