Why Uncrustables maker J.M. Smucker sued Trader Joe's over PB&J sandwiches
A branding battle is heating up in the frozen aisle over premade PB&J sandwiches.
The J.M. Smucker Company filed a lawsuit in federal court in Ohio on Monday against Trader Joe's, alleging trademark infringement and unfair competition.
What to know about Smucker's Uncrustables, Trader Joe's lawsuit
Smucker claims that Trader Joe's version of prepackaged, frozen, thaw-and-eat crustless peanut butter and jam sandwiches mimics the "distinctive" features of its own frozen Uncrustables sandwiches, which have been sold by retailers since 2000.
"As a responsible trademark owner, we actively monitor the marketplace and enforce our federally registered trademarks to protect the distinctive Uncrustables sandwich design and round shape," a representative for J.M. Smucker told ABC News.
While there are other premade, frozen PB&J sandwiches on the market, Smucker has honed in specifically on Trader Joe's due to what it says are similar product shapes and packaging styles.
"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," the representative said.
A spokesperson for Trader Joe's did not immediately respond to a request for comment.
Smucker also claims in the lawsuit that Trader Joe's packaging is a violation of the Orrville, Ohio-based food manufacturer's trademark, due to the blue lettering it says matches the same hue used on Uncrustables boxes.
Trader Joe's product, Crustless Peanut Butter & Strawberry Jam Sandwiches, is sold in a four-count pack for $3.79.
A four-count pack of Uncrustables from J.M. Smucker sells at retailers like Target for $4.79.
Legal expert Geoffrey Lottenberg, who leads intellectual property for the firm Berger Singerman, told ABC News that "the key to this case is Smucker's proving that it has strong brand rights, and that consumers are likely to be confused into believing the Trader Joe's sandwiches are affiliated with Smucker's."
"For example, Smucker's alleges, based on certain social media posts, that the public believes the Trader Joe's sandwich are private labeled by Smucker's when they are not," Lottenberg said.
What's next for Smucker lawsuit against Trader Joe's
Lottenberg explained that this is a "relatively straightforward" case that's rooted in longstanding trademark law.
"This case is set up to test the bounds of product design recognition and how close a competitor can come before getting into hot water," he said. "The case is early and defenses have yet to be lodged, so it is unknown what unique issues of the law may arise."
