Dave Kotinsky/Getty Images for Uncrustables
- Smucker's is going after Trader Joe's in court over what it calls an Uncrustables "copycat."A lawsuit accuses Trader Joe's of using protected design elements, such as a crimped edge and a specific shade of blue.Smucker's says Uncrustables is nearly a $1 billion brand favored by grade schoolers and NFL players.
This week's hot new legal drama can be found in the frozen foods aisle.
Packaged foods giant JM Smucker filed a lawsuit Monday with the US District Court of Northern Ohio alleging that grocery chain Trader Joe's has unfairly infringed on its rights with a crustless peanut butter and jelly sandwich.
Trader Joe's "launched an obvious copycat" of Smucker's Uncrustables, Smucker lawyers say in the filings. They highlight the similarities between the two products' crimped edges and a specific shade of blue in the packaging that Smucker has trademarked in relation to these snacks.
Both products are circular ravioli-style sandwiches that are individually wrapped and frozen. Their design allows them to thaw for eating a few hours after being pulled from the freezer.
"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," a Smucker's spokesperson said in a statement to Business Insider.
Trader Joe's did not respond to a request for comment.
In its filing, Smucker says Uncrustables has grown to become a nearly $1 billion brand, with more than 1.5 billion sandwiches made a year across three US facilities.
In addition to its favored status among grade schoolers, the brand is heavily consumed by players in the National Football League.
A key element of the Smucker suit is the apparent confusion among consumers and on social media about the origin of the Trader Joe's dupes.
"They're probably made in the same factory as actual Uncrustables," one TikToker said in a video reviewing the Trader Joe's product, which was cited in the lawsuit.
Tina Floyd, who was general manager of consumer foods for Smucker in 2020, told Business Insider at the time that the company spent a lot of time refining the Uncrustable recipe into something that could be mass-produced and frozen without the quality suffering.
"Retailers thought we were crazy. It took a lot of time to make sure product quality was sustainable," she said.
In its lawsuit, Smucker is demanding that Trader Joe's ship all of its crustless sandwiches and marketing materials to its facilities for disposal, as well as "account for and pay over" all profits the grocery chain has earned from the sale of the products.
