Smucker’s Sues Trader Joe’s for ‘Copy Cat’ Uncrustable Packaging

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The J.M. Smuckers Company, the Ohio-based parent company of Smucker’s, is suing Trader Joe’s, claiming that the grocer’s version of the Uncrustable sandwiches is too similar to Smucker’s’ version.

According to court documents filed on Monday, Oct. 13, obtained by PEOPLE, Smucker’s is accusing the California-founded grocery chain of trademark infringement for the design of the pre-made, sealed peanut butter and jelly sandwiches. 

The lawsuit references Trader Joe’s “back to school” product as being “an obvious attempt to trade off of the fame and recognition” of the Uncrustable design that Smucker’s is well-known for, including the “crimped edge” of the sandwiches. 

The lawsuit also highlights the similarities between the marketing of the product, alleging that both have “a bite taken out of it on the packaging.” Smucker’s is alleging that the indistinguishable likeness to their product is purposefully misleading to the public and claims that consumers have “already been deceived” into believing that Trader Joe’s Uncrustable is in some way sponsored or in partnership, though that’s not the case.  

The Trader Joe’s “Crustless Peanut Butter & Strawberry Jam Sandwiches” come in a set of four in a light blue box. On the cover, four sandwiches are stacked on top of each other with the top one having a bite taken out of it. 

Smucker’s claims the grocer’s packaging closely mimics that of Uncrustables, by featuring the same color blue Smucker’s uses in its own branding, including the word “Uncrustables” appearing in a blue font.

Neither the J.M. Smuckers Company nor Trader Joe’s immediately responded to PEOPLE’s request for comment.

Smucker’s notes not having an issue with other pre-made sandwiches — that are frozen to be thawed and ready-to-eat — on the market, but it “cannot allow others to use Smucker’s valuable intellectual property to make such sales,” the court documents read. 

Smucker’s legal team claims that Trader Joe’s actions fall under trademark infringement, trademark dilution, unfair competition, false designation of origin and deceptive trade practices entitling Smucker to damages, costs, profits and injunctive relief. The filing cites the Lanham Act, a law created to protect businesses from unfair competition and trademark infringement. 

The team also notes that if the courts do not limit Trader Joe’s “wrongful acts,” it’ll lead to further “irreparable injury” to its brand and consumer base. Smucker’s is requesting that Trader Joe’s stop selling their “copycat” version and to have all of the product and related material destroyed, including but not limited to “containers, labels, packaging, wrappers, signs, prints, banners, posters, brochures, literature, catalogs, or other advertising, marketing or promotional materials.”