Judge Lets Smucker's Uncrustables TM Suit Against Trader Joe's Proceed

U.S. District Judge John Adams ruled Friday that J.M. Smucker Company sufficiently pled the fame of its Uncrustables design marks to survive Trader Joe's motion to dismiss. Smucker alleges the grocery chain's Crustless Peanut Butter & Strawberry Jam Sandwiches copy the protected round shape with crimped edges and packaging imagery of a bitten sandwich. The complaint, filed last year in the Northern District of Ohio, claims the products infringe registered trademarks and dilute Smucker's brand. Trader Joe's had argued the marks lacked sufficient recognition and sought transfer to California. The court rejected both requests. Smucker produces about 1.5 billion Uncrustables annually and describes the line as approaching $1 billion in value. The ruling allows the case to advance on claims of trademark infringement, dilution, and unfair competition.

The dispute centers on product configuration and packaging elements Smucker registered years ago. Smucker maintains it does not object to other crustless sandwiches but will enforce its specific intellectual property rights. No trial date has been set.