Smucker’s Uncrustables lawsuit against Trader Joe’s allowed to proceed
JM Smucker Co. Products Ahead Of Earning Figures A box of J.M. Smucker Co. Smucker's Uncrustables brand peanut butter and grape jelly sandwiches is arranged for a photograph in Tiskilwa, Illinois, U.S., on Tuesday, June 6, 2017. Photographer: Daniel
The difference between a circle and a squircle could help decide a lawsuit over whether Trader Joe’s frozen sandwiches are too similar to Uncrustables. On Monday, a federal judge ruled that J.M. Smucker’s lawsuit accusing the grocery chain of violating its trademark could go forward.
The backstory:
The jelly giant filed its case in Ohio last fall claiming that Trader Joe’s self-branded frozen peanut butter and jelly sandwiches’ round shape and pinched edges were too similar to its own Uncrustables.
Attorneys for Trader Joe’s fired back that the crimped sides of the sandwiches are needed to keep the peanut butter and jelly from squirting out. As to the shape, they argued that their sandwiches are not circular; rather they are squircles, which describe squarish shapes with rounded edges.
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Smucker also contends that the packaging that Trader Joe’s PB&Js come in looks too much like the ones it uses for the Uncrustables products. The grocer’s lawyers pointed out that the current look that Smucker uses was introduced in 2024 and argued that it is not famous enough for federal trademark dilution claims to apply.
What they're saying:
"Smucker reaches too far. Its sandwiches’ appearance and cartoon avatar are no Nike swoosh or McDonald’s golden arches," Trader Joe’s said in a January court filing that asked for the case to be dismissed.
"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 wrote in its original lawsuit.
Big picture view:
In allowing the case to move forward, U.S. District Court Judge John Adams noted Smucker has cultivated the Uncrustables brand for 20 years and said customers have come to associate the design trademarks with the brand. Adams also refused a request to move the case to California, where Trader Joe’s is based and where the maker of its frozen sandwiches is.
What's next:
Adams’ ruling will allow the case to move forward toward a potential trial. Smucker is demanding Trader Joe’s pay restitution and hand over all packaging so it can be destroyed.
The Source: Information for this article was taken from The Associated Press and previous coverage. This story was reported from Orlando.