Smucker’s sues Trader Joe’s over product its says mimics Uncrustables

The J.M. Smucker Firm, the model that makes peanut butter and jelly spreads, is suing Dealer Joe’s over what it says is a copycat model of its Uncrustables sandwiches.

The lawsuit, filed in federal courtroom in Ohio on Monday, accuses the favored grocery chain of trademark infringement for promoting pre-made peanut butter and jelly sandwiches that carefully mimic the corporate’s Uncrustables’ packaging and crustless sandwich design. 

Smucker’s calls the Dealer Joe’s product an “apparent try to commerce off of the celebrity and recognition of the Uncrustables Design Marks.” The lawsuit additionally alleges that the supposed copycat model of the product has “deceived” customers into considering the Dealer Joe’s product is in a roundabout way sponsored by or affiliated with Smucker’s.

“Our focus is solely on defending the distinctive trademarked design that represents the top quality related to the Uncrustables model and stopping client confusion attributable to imitation,” Smucker’s stated in an announcement to CBS information.

Dealer Joe’s didn’t reply to request for remark. 

A crustless copycat?

Smuckers’ Uncrustables, designed for lunchbox comfort, is a spherical pocket of white bread with crimped edges. Inside are completely different fillings similar to chocolate-flavored hazelnut unfold and strawberry jam or grape jelly with peanut butter. The corporate has marketed the sandwiches as quick-and-easy youngsters’ lunch choices for fogeys on the go, requiring no prep, simply time to thaw exterior of the freezer earlier than consumption.

In its courtroom submitting, Smucker’s stated it has been utilizing the spherical pie-like form to symbolize the product since 1996 and a picture of the sandwich with a chew taken out of it since 2000. Uncrustables are offered in 1000’s of retail shops throughout the nation and are on monitor to changing into a $1 billion model, based on the grievance.

The Dealer Joe’s product accused of being an Uncrustables knockoff is described on packaging as “crustless peanut butter & strawberry jam sandwiches.” The spherical pocket-sized sandwiches are available in a brilliant blue field with a stack of the sandwiches depicted on the entrance, with a small chew taken out of the highest sandwich, revealing the filling.

Smucker’s alleges that Dealer Joe’s packaging carefully mimics that of the Uncrustables, by prominently that includes the identical shade blue Smucker’s makes use of in its personal branding. On Smucker’s packaging, the phrase “Uncrustables” seems in a blue font, the lawsuit notes.

Smucker’s alleges Dealer Joe’s choice to make use of an analogous design will deceive and trigger confusion amongst prospects. It’ll additionally claims that “irreparable harm” might be induced to the Smucker’s model except the courtroom takes motion to restrict Dealer Joe’s “wrongful acts” based on the lawsuit.

Smucker’s has requested in its grievance that Dealer Joe’s cease utilizing branding its says imitates that of the “Uncrustables Design Marks.” It calls on Dealer Joe’s to ship the affected merchandise — together with containers, labels, packaging and extra — for destruction. It additionally asks the grocery chain to pay Smucker’s “good points, earnings, and benefits Defendant has obtained” because of the alleged trademark infringement, in addition to authorized charges.