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JM Smucker Co. filed a federal lawsuit Monday alleging businessman who imitating its popular Uncrustables frozen sandwiches.
Smucker filed the lawsuit in Ohio on Monday federal courtArguing that Trader Joe’s crustless sandwiches with round, crinkly edges mimic Uncrustables too closely.
“Smucker’s has no problem selling crustless sandwiches that are pre-packaged, frozen, thawed and eaten by others 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 infringes its trademarks.
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Pictured is a box of Trader Joe’s Crustless Peanut Butter and Strawberry Jam Sandwiches. (Trader Joe)
ohioThe Trader Joe’s-based company claimed that Trader Joe’s uses blue letters and imagery resembling a sandwich from which a piece is taken out – similar to elements shown on Uncrustables packaging.
Two boxes of J.M. Smucker Co. Smucker’s Uncrustables brand peanut butter and grape jelly sandwiches are arranged for a photo on Tuesday, June 6, 2017, in Tiskilwa, Illinois. (Daniel Acker/Bloomberg via Getty Images/Getty Images)
The lawsuit argues that the similarities have already caused confusion among customers. This refers to a social media Post in which a user mistakenly claimed that Trader Joe’s sandwiches were produced by Smucker’s under a private label agreement.
Fox Business contacted Trader Joe’s for comment on the lawsuit.
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Smucker is demanding compensation and is seeking a court order requiring Trader Joe’s to send Smucker the sandwich product and its packaging to be destroyed.
Smucker’s sued Trader Joe’s for infringing on its trademark. (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.
