"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 PB&J 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."
""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."
"Michael Kelber, chair of the intellectual property group at Neal Gerber Eisenberg, a Chicago law firm, said Smucker's registered trademarks will help bolster its argument. But Trader Joe's might argue that the crimping on its sandwiches is simply functional and not something that can be trademarked, Kelber said."
J.M. Smucker Co. filed a federal lawsuit alleging Trader Joe's frozen round, crustless peanut butter and jelly sandwiches copy Uncrustables' pie-like crimp markings and packaging features. Smucker alleges Trader Joe's boxes use the same blue color for Uncrustables lettering and depict a bite-marked sandwich similar to Uncrustables' design. Smucker seeks restitution and a court order requiring Trader Joe's to deliver products and packaging for destruction. Legal observers say Smucker's registered trademarks strengthen its position while Trader Joe's could argue crimping is functional and the sandwich shape differs. Uncrustables were created in 1996; Smucker acquired the company in 1998 and obtained patents.
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