"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."
"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. Trader Joe's sandwiches also appear to be slightly more square than Uncrustables, so the company could argue that the shape isn't the same, Kelber said."
The J.M. Smucker Co. filed a lawsuit in federal court in Ohio alleging that Trader Joe's frozen peanut butter and jelly sandwiches copy the design and packaging of Uncrustables. Smucker says the round, crustless sandwiches share the same pie-like crimp markings, the packaging uses the same blue lettering color, and the box art includes a similar bite-mark image. Smucker seeks restitution and wants Trader Joe's products and packaging delivered to Smucker for destruction. Trader Joe's did not respond to a request for comment. An intellectual property attorney noted Smucker's registered trademarks strengthen its case, while Trader Joe's could argue crimping is functional and the sandwiches' shape differs.
Read at Boston.com
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