Smucker sues Trader Joe's over supposed 'Uncrustables' dupe

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FILE - Smucker files lawsuit against Trader Joe's over alleged Uncrustable sandwich dupe. (Getty Images) 

The company that invented Smucker’s Uncrustables sandwiches is suing Trader Joe’s, alleging that the grocery store chain’s new frozen peanut butter and jelly sandwiches are too similar to their design and packaging. 

In its lawsuit filed on Monday, J.M. Smucker claimed that the round, crustless sandwiches being sold at Trader Joe’s have the pie-like crimp markings on their edges that Uncrustables also has. 

What they're saying:

"Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches. But it cannot allow others to use Smucker’s valuable intellectual property to make such sales," the company said in its lawsuit.

Trader Joe’s sandwiches v. Smucker’s Uncrustables 

Dig deeper:

Trader Joe’s boxes show a sandwich with a bite mark taken out of it, which is similar to the Uncrustables design, Smucker said.

Smucker is seeking restitution from Trader Joe's. It also wants a judge to require Trader Joe's to deliver all products and packaging to Smucker to be destroyed.

Michael Kelber, chair of the intellectual property group at Neal Gerber Eisenberg, a Chicago law firm, said Smucker's registered trademarks will help bolster its argument. But Trader Joe's might argue that the crimping on its sandwiches is simply functional and not something that can be trademarked, Kelber said.

Trader Joe's sandwiches also appear to be slightly more square than Uncrustables, so the company could argue that the shape isn't the same, Kelber said.

The backstory:

This isn’t the first time Smucker has taken legal action to protect its Uncrustables brand. In 2022, it sent a cease and desist letter to a Minnesota company called Gallant Tiger, which was making upscale versions of crustless peanut butter and jelly sandwiches with crimped edges. Smucker said Wednesday that it hasn't taken further action but continues to monitor Gallant Tiger.

Smucker’s lawsuit comes a few months after a similar lawsuit filed against Aldi by Mondelez International, which claimed that Aldi’s store-brand cookies and crackers have packaging that is too similar to Mondelez brands like Chips Ahoy, Wheat Thins and Oreos.