Trader Joe’s has found itself in a sticky situation with Smucker’s over its sale of crustless peanut butter and jelly sandwiches.
J.M. Smucker Company, the maker of Uncrustables, filed a lawsuit in federal court on Oct. 13 alleging the similar sandwiches sold at Trader Joe’s are an “obvious copycat” infringing on its trademarks.
Ohio-based Smucker’s sued Trader Joe’s in the U.S. District Court for the Northern District of Ohio for trademark infringement, trademark dilution, unfair competition, false designation of origin and deceptive trade practices, according to the lawsuit filing.
Smucker’s said in court documents that peanut butter and jelly sandwiches sold by Trader Joe’s mimic the shape, packaging and colors on the boxes of Uncrustables, which are popular frozen sandwiches in various flavors that need to be thawed out before eating.
The company said in the lawsuit that the allegedly similar packaging and shape has caused consumers to be “deceived” into thinking the Trader Joe’s sandwiches are actually Uncrustables, citing a TikTok video and an Instagram post as evidence.
Smucker’s alleges that the competing sandwiches use the same “round pie-like shape” and “undulated crimping” of Uncrustables as well as boxes with graphics of the sandwiches with a bite taken out of them, which the company says infringes on its trademarks.
Smucker’s says in the lawsuit it has been using the graphic of the bite taken out of the sandwich on its boxes since 2000, and the shape of the sandwiches since 1996.
Trader Joe’s did not immediately respond to a request for comment by TODAY.com.
Smucker’s shared the following statement with NBC News regarding the lawsuit:
“As a responsible trademark owner, we actively monitor the marketplace and enforce our federally registered trademarks to protect the distinctive Uncrustables sandwich design and round shape. 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.”
Uncrustables are the No. 1 frozen handheld brand in its category in the U.S. and a product of decades of marketing and product development that cost the company more than $1 billion, Smucker’s says in the lawsuit.
Smucker’s is asking for unspecified monetary damages and seeks an order to stop Trader Joe’s from selling the sandwiches it claims are copycats of Uncrustables.
Smucker’s also wants all products and marketing materials from the Trader Joe’s sandwiches allegedly infringing on its trademarks to be delivered to Smucker’s to be destroyed.
The company made a similar claim in 2022 against Minnesota-based prepackaged sandwich startup Gallant Tiger. Smucker’s sent a cease-and-desist letter to the small company, which was selling round crustless sandwiches with flavors like “blueberry bourbon sage jam and peanut butter” and was accused by Smucker’s of trademark infringement over the shape and packaging of its sandwiches.
Smucker’s has also faced competition from other companies producing crustless PB&J sandwiches packed with more protein than Uncrustables amid a craze from consumers for high-protein foods. The company announced in September that it had created its own high-protein version of Uncrustables with 12 grams of protein that hit shelves at select retailers in October.
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