The J.M. Smucker Co. has filed a lawsuit against grocery chain Trader Joe’s, accusing it of copying the design and packaging of its popular frozen Uncrustables sandwiches.
The lawsuit, filed Monday in federal court in Ohio, claims that Trader Joe’s new frozen peanut butter and jelly sandwiches infringe on Smucker’s trademarks.
According to the complaint, Smucker argues that Trader Joe’s sandwiches are round, crustless, and sealed with the same pie-like crimping pattern along the edges – a signature feature of Uncrustables. The Orrville, Ohio-based company claims this distinctive look is part of its intellectual property and that Trader Joe’s has violated its trademark rights.
Smucker also takes issue with the visual design of Trader Joe’s packaging. The lawsuit points out that the Trader Joe’s PB&J boxes use a similar blue color to the lettering found on Uncrustables packaging. Additionally, the image on Trader Joe’s box – which shows a sandwich with a bite taken out of it – closely resembles the Uncrustables design, according to Smucker’s filing.
“Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches,” the company stated in its lawsuit. “But it cannot allow others to use Smucker’s valuable intellectual property to make such sales.”
Smucker is seeking financial restitution and is also asking the court to order Trader Joe’s to turn over all infringing products and packaging so they can be destroyed. The company’s legal filing emphasizes that it has spent more than two decades and over $1 billion developing the Uncrustables brand, making it one of Smucker’s top-selling product lines.
As of Wednesday, Trader Joe’s, headquartered in Monrovia, California, had not publicly commented on the lawsuit.
Michael Kelber, chair of the intellectual property group at Chicago law firm Neal Gerber Eisenberg, said Smucker’s registered trademarks will strengthen its case. However, he noted that Trader Joe’s could argue that certain design features, such as the crimped edges, are functional and therefore cannot be trademarked. Kelber also observed that Trader Joe’s sandwiches appear slightly more square than Uncrustables, which might help the retailer argue that its product design is distinct.
Uncrustables were originally invented in 1996 by two friends in Fergus Falls, Minnesota. Smucker purchased their company in 1998 and obtained patents in 1999 for a “sealed, crustless sandwich.” Since then, Smucker has invested heavily in improving the product, including developing stretchier bread and new flavors like chocolate and hazelnut.
One of the core questions in the case will likely be whether consumers are being deceived by the similarity between the two products. Smucker claims that confusion has already occurred, citing social media posts from users who believed Trader Joe’s sandwiches were produced by Smucker under a private label partnership.
This isn’t the first time Smucker has taken action to defend its brand. In 2022, it sent a cease-and-desist letter to a Minnesota-based company called Gallant Tiger, which was producing upscale crustless sandwiches with crimped edges. While Smucker did not pursue further legal action in that case, it continues to monitor competitors closely to protect its intellectual property.
Trademark expert Kelber noted that Smucker likely felt compelled to take legal action against Trader Joe’s. “For the brand owner, what is the point of having this brand if I’m not going to enforce it?” he said. “If they ignore Trader Joe’s, they are feeding that, and then the next person who does it they won’t have an argument.”
Kelber added that such cases often end in settlements to avoid lengthy and expensive trials, which could be the likely outcome here as well.
The Smucker lawsuit comes just months after another high-profile case in the food industry. Mondelez International, the maker of Chips Ahoy, Oreos, and Wheat Thins, sued Aldi, claiming that the discount chain’s store-brand packaging looked too similar to its signature cookie and cracker products.
With the Smucker-Trader Joe’s case now underway, all eyes will be on whether the federal court views the crustless PB&J’s crimped edges and blue packaging as a case of innocent similarity – or an unmistakable copy of one of America’s most recognizable frozen sandwich brands.
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