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The JM Smucker Co. filed a federal lawsuit Monday accusing Trader Joe’s of copying its popular Uncrustables frozen sandwiches.
Smucker filed a lawsuit Monday in Ohio federal court, arguing that Trader Joe’s round, crustless sandwiches, with crimped edges, too closely mimic Uncrustables.
“Smucker does not challenge other sellers of prepackaged, frozen, thawed and consumed crustless sandwiches in the marketplace,” the company said in its lawsuit. “But it cannot allow others to use Smucker’s valuable intellectual property to make such sales.”
Smucker also alleged that Trader Joe’s packaging design infringed on its trademarks.
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A box of Trader Joe’s Peanut Butter and Strawberry Jam Crustless Sandwiches is pictured. (Trader Joe’s)
The Ohio-based company claimed Trader Joe’s used blue lettering and similar images of a sandwich with a bite removed — similar to elements featured on Uncrustables packaging.
Two boxes of JM Smucker Co. Smucker’s Uncrustables brand peanut butter and grape jelly sandwiches are arranged for a photograph in Tiskilwa, Ill., Tuesday, June 6, 2017. (Daniel Acker/Bloomberg via Getty Images / Getty Images)
The lawsuit argues that the similarities have already caused confusion among customers. He cites a social media post in which a user mistakenly claimed that Trader Joe’s sandwiches were produced by Smucker under a private label agreement.
FOX Business has reached out to Trader Joe’s for comment on the lawsuit.
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Smucker is seeking restitution and a court order requiring Trader Joe’s to send Smucker the sandwich product and its packaging to be destroyed.
Smucker accused Trader Joe’s of infringing on its trademarks. (Myung J. Chun/Los Angeles Times via Getty Images/Getty Images)
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The Smucker’s family of brands includes Folgers, Dunkin’, Café Bustelo, Jif, Uncrustables, Smucker’s and Hostess.
