Ohio-based company sues Trader Joe’s over ‘copycat’ Uncrustables
COLUMBUS, Ohio (WCMH) – An Ohio-based corporation known for its peanut butter and jelly sandwiches has filed a lawsuit against Trader Joe’s, accusing the grocery chain of launching an “obvious copycat” of Uncrustables.
On Oct. 13, The J.M. Smucker Company – which produces Jif peanut butter, Smucker’s jam and Uncrustables – filed a federal lawsuit against Trader Joe’s in U.S. District Court for the Northern District of Ohio.
The company alleges that a crustless peanut butter and jelly product created by Trader Joe’s infringes on Smucker’s trademarks for a “round pie-like shape with distinct peripheral undulated crimping” and imagery of the sandwich “with a bite taken out of it showing filling on the inside.”
“Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches,” the filing says. “But it cannot allow others to use Smucker’s valuable intellectual property to make such sales.”
Trader Joe’s did not respond to NBC4’s request for comment. The grocery chain released its crustless sandwiches in August. Its website states, “while a ready-to-eat sandwich sans crust is not a new culinary invention,” Trader Joe’s version serves as an alternative to those that contain “less than desirable ingredients and artificial preservatives.”
In the suit, Smucker called the product “an obvious attempt to trade off of the fame and recognition” of Uncrustables. The company also claimed the similar visuals have already led consumers to falsely believe the product is in some way affiliated with Smucker. The filing cites a social media comment from a person claiming Trader Joe’s is contracting with Smucker to make the sandwiches under its private label.
Smucker, headquartered in Orrville in northeastern Ohio, launched Uncrustables in grocery stores in 2000. The company produces about 1.5 billion Uncrustables each year, and the products are “fast on their way to being a $1 billion brand,” according to the filing.
The lawsuit seeks to stop Trader Joe’s from using branding that is “confusingly similar” to Uncrustables. It asks a judge to require Trader Joe’s to deliver all crustless sandwiches and related materials to Smucker for destruction. Smucker also wants Trader Joe’s to pay for its attorney fees and hand over profits it made off the similar product.