Smucker’s Sues Trader Joe’s Over Alleged ‘Uncrustables’ Copycat
A new food fight has broken out in the frozen aisle. Smucker’s, the company behind the beloved Uncrustables sandwiches, has filed a federal lawsuit against Trader Joe’s, accusing the grocer of infringing on its intellectual property with what it calls an “obvious copycat” product.
Smucker’s alleges that Trader Joe’s recently launched a crustless sandwich that deliberately mimics Uncrustables’ iconic design and trade dress.
According to the complaint, Smucker’s claims that its Uncrustables are the “#1 frozen handheld brand in the United States,” a success it attributes to more than two decades of marketing and product development that cost over $1 billion.
The lawsuit highlights that Smucker’s holds a U.S. trademark registration issued in 2002 protecting the sandwich’s “distinct pillow-like shape with peripheral undulated crimping.”
Smucker’s argument centers around the fact that Trader Joe’s new product, which was introduced as part of its back-to-school lineup this summer, features the same round, crustless, crimped-edge shape and even uses a packaging design that mirrors the Smucker’s products.
Smucker’s claims the similarities are no coincidence. The company asserts that Trader Joe’s “obvious attempt to trade off the fame and recognition” of the Uncrustables brand has already caused confusion among consumers. In one example cited in the complaint, a social media user wrote that the Trader Joe’s sandwiches “aren’t knockoffs” because the grocer “often contracts with major brands,” leading them to believe the product was actually made by Smucker’s.
Example of Confusion on Social Media from the Lawsuit
The lawsuit seeks a court order forcing Trader Joe’s to destroy all allegedly infringing products, disclose and pay profits earned from sales of the sandwiches, and cover Smucker’s legal fees.
How will the case likely play out?
Courts have often been sympathetic to grocery chains that release products resembling well-known brands, as long as they don’t cross the line into outright imitation. Think of the countless “generic” Oreos on store shelves: two chocolate cookies, cream in the middle, but different enough to pass legal muster.
For Smucker’s to win, the company will need to prove that the average consumer is likely to be confused, or that someone could reasonably think the Trader Joe’s sandwich was made or licensed by Smucker’s.
As some initial evidence in the complaint shows, many consumers know that Trader Joe’s contracts with major food companies to produce private-label versions of well-known products. So when they see a crustless, crimped-edge sandwich in similar packaging, they might reasonably assume these are actual Uncrustables made by Smucker’s — just rebranded for Trader Joe’s.
If Smucker’s were able to prove that many consumers would think that Smucker’s was behind the Trader Joe’s product, they would likely win the case.
On the other hand, if the evidence in the case shows that the average consumer looks at the product and immediately thinks, “That’s a Trader Joe’s version of an Uncrustable, not the real thing,” then Trader Joe’s has a strong defense.
What the Crustless Sandwiches Look Like (from product packaging)
These cases often rely on nuanced evidence: consumer surveys, social media posts, and expert testimony about how people actually perceive the products on the shelf.
As a trademark attorney, I think Smucker’s has a strong case. The similarity in how the sandwiches look is striking. Ultimately, there are other ways that Trader Joe’s could have made the sandwich, without making it look like an Uncrustable.
That said, the weakest part of Smucker’s claim is that the packaging of the products is similar. Trader Joe’s actually did a pretty good job making its packaging look distinct from what Smucker’s is using.
Ultimately, it would not surprise me to see a Smucker’s victory in this case (or to have the case settle with Trader Joe’s agreeing to reshape its product). However, existing legal precedents also show that companies can fly very close to the sun when it comes to mimicking famous brands.
So stay tuned… and maybe reach for something a little less processed than an Uncrustable while we wait for the verdict.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
Do you need assistance with a trademark matter?
Contact an Attorney Today