Smucker's Sues Trader Joe's Over Trade Dress Infringement

The J.M. Smucker Company’s UNCRUSTABLES® - a pre-made frozen PB&J sandwich - has emerged as a cultural icon, with NFL teams consuming thousands weekly and the product securing the top spot among frozen handheld brands in the U.S. Its commercial success has prompted retail giants like Trader Joe’s to introduce competing private-label versions, leading to a legal dispute over trademark and design rights.

Smucker’s has cultivated its brand through a distinctive visual identity: a round, pie-like shape with undulated crimping, a stylized blue logo, and an anthropomorphic spokes-sandwich mascot. These elements are federally registered, including a two-dimensional design and a logo introduced in 2000. The company asserts that its two-decade-long investment and $1 billion in marketing have solidified these marks as recognizable, raising concerns about dilution or unauthorized replication.

Trader Joe’s defense centers on consumer perception, arguing that its product’s design does not necessarily evoke confusion with Smucker’s. The lawsuit claims that the retailer’s packaging closely resembles the UNCRUST, including its shape, color scheme, and crimped edges, potentially misleading buyers. Smucker’s also highlights similarities in the blue color and font style used in Trader Joe’s logo.

The case underscores tensions between brand protection and market competition. U.S. trademark law allows trade dress - such as a product’s shape or packaging - to be protected if it becomes distinctive through use. However, proving infringement requires demonstrating that consumers link the design to the original brand.

For businesses, the dispute highlights the necessity of proactive trademark monitoring. Even private-label products can face legal challenges if they replicate protected elements. Companies must evaluate the risk of consumer confusion, particularly in categories where design plays a key role in brand recognition.

The case also reflects the evolving interpretation of trademark law. While Smucker’s may have a lower burden in proving certain design aspects, courts will assess whether its claims align with established precedents, such as the Wal-Mart v. Samara ruling, which clarified when trade dress can be protected without requiring evidence of acquired distinctiveness.

Tools like IP Defender offer businesses a means to track national trademark databases for potential conflicts. With coverage in over 50 countries, including the EU, USA, and Australia, such platforms help safeguard brands from unauthorized use. This vigilance is critical in markets where brand identity and consumer perception are increasingly intertwined.

As the legal proceedings unfold, the case will define the limits of trademark enforcement. For companies navigating these complexities, the takeaway is clear: maintaining awareness of design imitation risks and implementing robust protective measures are essential strategies for preserving market position.