In a lawsuit about sandwiches, the legal implications are anything but soft, and the stakes are high. The J.M. Smucker Company filed a federal lawsuit against Trader Joe’s, alleging that the grocery chain’s crustless peanut butter and jelly sandwiches infringe on Smucker’s iconic Uncrustables brand due to similarities in product design, packaging and branding.
Smucker’s claims that Trader Joe’s Crustless Peanut Butter & Strawberry Jam Sandwiches resemble Uncrustables a little too closely. The lawsuit, filed in the Northern District of Ohio, points to similarities in product shape (round, crimped edges, no crust), packaging imagery (a bitten sandwich revealing the filling) and the color of blue on the packaging.
According to Smucker’s, these elements are not just design choices but rather protected and valuable intellectual property.
IP Protection: Not Just for Tech Giants
This case is a textbook example of why manufacturers in all industries need to take intellectual property seriously. Whether you’re producing food, cosmetics, consumer electronics or anything in between, your product’s design and branding are valuable assets. They’re not just how customers recognize you—they’re how you stand out in a crowded market and allow you to avoid instances of consumer confusion that could harm your own brand.
When consumer confusion occurs, the consequences can be severe: it may erode your brand’s reputation, dilute the distinctiveness of your trademarks, and result in lost sales or market share. Confused customers may mistakenly purchase inferior products, believing they are genuine, which can lead to lasting effects on your brand’s reputation, customer trust and sales.
Smucker’s isn’t just defending a sandwich. They’re defending a brand that generates nearly $1 billion annually and sells over a billion units a year. That kind of success is not accidental and must be protected.
From Crimped Edges to Courtrooms: What You Can Learn
At the heart of this case is trade dress, a form of trademark protection that covers the visual appearance of a product or its packaging when it signifies the source of the product. To enforce trade dress rights, a company must show that the design is distinctive and that consumers associate it with a particular brand. If a competitor’s product starts looking like yours, it may be time to take action. Although, it is generally best practice to be a step ahead of infringing behaviors by having the appropriate measures in place beforehand.
Smucker’s argues that the round, crustless sandwich with crimped edges has become synonymous with Uncrustables and the Trader Joe’s version could confuse consumers into thinking the two are related.
For brands, this case offers a few key reminders:
- Register trademarks and trade dress early.
- Monitor the market for lookalike products and potential infringement.
- Respond promptly to protect your brand when infringement occurs.
Intellectual property isn’t just a legal concept—it’s a business strategy. And as Smucker’s is demonstrating, it’s one worth defending.
Let’s Talk About Your IP Strategy
If your company manufactures consumer products, now is the time to review your intellectual property portfolio.
