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The J.M. Smucker Co. filed a federal lawsuit Monday accusing Trader Joe’s of copying its popular Uncrustables frozen sandwiches.
Smucker filed the lawsuit Monday in Ohio federal court, arguing that Trader Joe’s round, crustless sandwiches with crimped edges too closely imitate Uncrustables.
“Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches,” 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 violates its trademarks.
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A box of Trader Joe’s Crustless Peanut Butter & Strawberry Jam Sandwiches is pictured. (Trader Joe’s)
The Ohio-based company claimed Trader Joe’s uses similar blue lettering and imagery of a sandwich with a bite taken out – similar to elements featured on Uncrustables packaging.
Two boxes of J.M. Smucker Co. Smucker’s Uncrustables brand peanut butter and grape jelly sandwiches are arranged for a photograph in Tiskilwa, Illinois, on Tuesday, June 6, 2017. (Daniel Acker/Bloomberg via Getty Images / Getty Images)
The lawsuit argues the similarities have already caused customer confusion. It cites a social media post in which a user mistakenly claimed Trader Joe’s sandwiches were produced by Smucker under a private label agreement.
FOX Business 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 violating its trademarks. (Myung J. Chun / Los Angeles Times via Getty Images / Getty Images)
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Smucker’s family of brands includes Folgers, Dunkin’, Café Bustelo, Jif, Uncrustables, Smucker’s and Hostess.
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