WASHINGTON (dpa-AFX) - Trader Joe's is being sued by the J.M. Smucker Co. for allegedly stealing the style and appearance of its well-known Uncrustables sandwiches.
The lawsuit, which was filed Monday in federal court in Ohio, alleges that Trader Joe's new frozen peanut butter and jelly sandwiches are strikingly similar to Smucker's round, crustless Uncrustables.
The packaging has a similar blue color scheme and pie-like crimped edges. Additionally, Smucker claims that Trader Joe's box design, which shows a sandwich with a bite out of it, imitates the unique presentation of Uncrustables.
The lawsuit stated that Smucker 'does not take issue with others selling prepackaged, crustless sandwiches.' 'However, it cannot permit others to make such sales by utilizing Smucker's valuable intellectual property.'
The Ohio-based business is requesting compensation as well as a court order compelling Trader Joe's to turn over all merchandise and packaging for disposal.
Legal experts claim that Smucker's registered trademarks support its position, but Trader Joe's may counter that some design features, like the crimping, are only functional and not protected by trademark law. Additionally, Trader Joe's sandwiches seem a little squarer, which might help set them apart.
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