The J.M. Smucker Company, the brand that makes peanut butter and jelly spreads, is suing Trader Joe’s over what it says is a copycat version of its Uncrustables sandwiches.
The lawsuit, filed in federal court in Ohio on Monday, accuses the popular grocery chain of trademark infringement for selling pre-made peanut butter and jelly sandwiches that closely mimic the company’s Uncrustables’ packaging and crustless sandwich design.
Smucker’s calls the Trader Joe’s product an “obvious attempt to trade off of the fame and recognition of the Uncrustables Design Marks.” The lawsuit also alleges that the supposed copycat version of the product has “deceived” consumers into thinking the Trader Joe’s product is in some way sponsored by or affiliated with Smucker’s.
“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,” Smucker’s said in a statement to CBS news.
Trader Joe’s did not respond to request for comment.
A crustless copycat?
Smuckers’ Uncrustables, designed for lunchbox convenience, is a round pocket of white bread with crimped edges. Inside are different fillings such as chocolate-flavored hazelnut spread and strawberry jam or grape jelly with peanut butter. The company has marketed the sandwiches as quick-and-easy kids’ lunch options for parents on the go, requiring no prep, just time to thaw outside of the freezer before consumption.
In its court filing, Smucker’s said it’s been using the round pie-like shape to represent the product since 1996 and an image of the sandwich with a bite taken out of it since 2000. Uncrustables are sold in thousands of retail stores across the country and are on track to becoming a $1 billion brand, according to the complaint.
The Trader Joe’s product accused of being an Uncrustables knockoff is described on packaging as “crustless peanut butter & strawberry jam sandwiches.” The round pocket-sized sandwiches come in a bright blue box with a stack of the sandwiches depicted on the front, with a small bite taken out of the top sandwich, revealing the filling.
Reddit: r/traderjoes elismatcha 
Smucker’s alleges that Trader Joe’s packaging closely mimics that of the Uncrustables, by prominently featuring the same color blue Smucker’s uses in its own branding. On Smucker’s packaging, the word “Uncrustables” appears in a blue font, the lawsuit notes.
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Smucker’s alleges Trader Joe’s decision to use a similar design will deceive and cause confusion among customers. It will also claims that “irreparable injury” will be caused to the Smucker’s brand unless the court takes action to limit Trader Joe’s “wrongful acts” according to the lawsuit.
Smucker’s has requested in its complaint that Trader Joe’s stop using branding its says imitates that of the “Uncrustables Design Marks.” It calls on Trader Joe’s to deliver the affected products — including containers, labels, packaging and more — for destruction. It also asks the grocery chain to pay Smucker’s “gains, profits, and advantages Defendant has obtained” as a result of the alleged trademark infringement, as well as legal fees.
