The J.M. Smucker Company (“Smucker”) has filed a federal lawsuit against Trader Joe’s Company (“Trader Joe’s”) in the U.S. District Court for the Northern District of Ohio, alleging that the grocer’s newly released frozen “Crustless Peanut Butter & Strawberry Jam Sandwiches” infringe its trademark rights relating to its well-known Uncrustables brand of crustless PB&J sandwiches.
Key Allegations
Smucker’s complaint highlights several similarities between the two products, including:
- Round, crustless sandwich shape with crimped edges that closely resembles the Uncrustables product.
- Packaging featuring blue accents and a sandwich with a bite taken out, which Smucker argues mimics its own trade dress and visual presentation.
- Evidence of consumer confusion, citing social-media posts in which individuals allegedly believed Trader Joe’s product was made by or affiliated with Smucker.
Smucker notes it does not object to frozen crustless sandwiches in general, only to products that it believes adopt protectable design elements associated with Uncrustables. The company is seeking destruction of Trader Joe’s current packaging and inventory, an injunction barring further sales, disgorgement of profits, and damages.
Trade Dress & Trademark Implications
Distinctiveness & Trade Dress
Smucker’s position is that the sandwich’s shape, crimped edging, and bite-mark imagery function as distinctive trade dress that consumers associate with Uncrustables. If proven, these features may receive trademark protection independent of the brand name.
Functionality vs. Protectability
Trader Joe’s may argue that the sandwich’s shape and crimping are functional, necessary to seal the filling, and therefore cannot be protected as trade dress. Functionality is a common defense in product-design trademark litigation.
Likelihood of Consumer Confusion
To prevail, Smucker must show that Trader Joe’s product is likely to cause consumer confusion regarding the source or affiliation of the sandwiches. Early social-media reactions are cited in the complaint as supporting evidence.
Brand Investment & Reputation
Smucker asserts that the Uncrustables brand represents more than $1 billion in investment over two decades and generates substantial annual revenue. That level of brand recognition may help support its claim that the product design has acquired distinctiveness.
Lessons for Business Owners
Proactive Monitoring & Enforcement
Brand owners should monitor the marketplace for look-alike products and take action when necessary. Delayed enforcement can weaken future protections.
Protecting Packaging & Product Design
Companies can pursue registration for product shapes, packaging designs, and other distinctive elements, not only brand names. Documenting and securing these rights early can provide valuable protection as a business scales.
Understanding Functionality Limits
Only non-functional design elements can qualify for trade dress protection. When developing products, companies should identify which features are purely aesthetic and capable of acting as brand identifiers.
Evidence Matters
Real-world examples of consumer confusion, even informal ones like social-media posts, can strengthen an enforcement effort.
Private-Label & Competitor Risk
As private-label offerings continue to grow, brand owners should be mindful of imitation risk and build clear differentiation into packaging and product design.
Evaluate Litigation Strategy
Trademark disputes can be expensive and time-consuming. Businesses should weigh the costs and benefits of enforcement, settlement, and alternative resolutions.
Final Thoughts
This lawsuit underscores the importance of protecting brand identity, product presentation, and trade dress, especially in markets where private-label competition is increasing. For companies developing consumer packaged goods, establishing and enforcing distinctive design elements can play a key role in long-term brand protection.
*Disclaimer: This article is meant to share general information, not legal advice. Reading it doesn’t create an attorney-client relationship. If you’d like tailored help protecting your brand, our Indie Law Team is here to guide you