Trader Joe’s must face Smucker’s lawsuit over alleged copycat 'Uncrustibles' sandwiches

In asking the court to dismiss the case, Trader Joe’s argued that Smucker failed to show its Uncrustables design trademarks are sufficiently well-known, a necessary element under federal law. “Its sandwiches’ appearance and cartoon avatar are no Nike swoosh or McDonald’s golden arches,” Trader Joe’s told the judge.

Adams in his ruling said Smucker had adequately showed for now that its sandwich design is famous. “The complaint includes allegations surrounding the scope of advertising and publicity, the scope [of] sales, the registration status of the marks, and allegations regarding the extent of recognition of the marks,” Adams wrote.

The judge also rejected a request from Trader Joe’s to move the case from Ohio to California, where the grocer is based. Smucker and Trader Joe’s did not immediately respond to requests for comment.

WASHINGTON, Aug 28 (Reuters) - Trader Joe’s failed to persuade a U.S. judge on Friday to dismiss a lawsuit by Jif peanut butter maker J.M. Smucker Company that alleges the national grocery chain infringed trademarks tied to its popular Uncrustables brand of frozen sandwiches.

U.S. District Judge John Adams in his order rejected Trader Joe’s request to dismiss the lawsuit or move it to California, where the retailer is based.

Smucker sued Trader Joe’s in federal court in Ohio last year, alleging that Trader Joe’s round, crustless peanut butter and jelly sandwiches too closely mimic Smucker’s product design and packaging. The lawsuit claimed that Trader Joe’s product unlawfully copies the Smucker design featuring a round shape with crimped edges and imagery of a bitten sandwich that shows its filling.

The lawsuit by Ohio-based Smucker said its Uncrustables products “are fast on their way to being a $1 billion brand.” The company, which also makes Hostess snacks and Milk-Bone dog treats, annually produces about 1.5 billion Uncrustables, according to the lawsuit.