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The Headline
J.M. Smucker Co. (maker of Uncrustables®) has filed a federal lawsuit against Trader Joe’s in Ohio, alleging that the grocer’s new frozen “Crustless Peanut Butter & Strawberry Jam Sandwiches” copy protected elements of Uncrustables’ look, specifically the round, crustless shape with crimped edges and similar packaging cues. Smucker seeks to halt sales, destroy inventory and packaging, and recover profits and damages. If you have a trademark or brand that has a style that you want to protect from copycats, a Michigan trademark registration lawyer can help to make sure that it is protected under the law.
Smucker’s theory isn’t about owning peanut butter and jelly. It’s about trade dress—the protectable “look and feel” that identifies the source. The company claims Trader Joe’s sandwiches and packaging mimic the distinctive round, crimped design and overall packaging style that could confuse consumers.
Key IP Takeaways
1) Patents May Lapse; Branding Can Still Bite Back
Smucker’s early “sealed crustless sandwich” utility patent (U.S. 6,004,596) has expired, meaning the idea of a crustless sealed sandwich is free for anyone to use. But trade dress protection can continue indefinitely as long as the design functions as a brand identifier and isn’t merely functional.
Lesson: Once a product patent expires, competitors can make the product, but copying the signature look can still trigger a trade-dress lawsuit if that look signals brand identity to consumers.
2) Functionality Is The First Battleground
Under the Lanham Act, you can’t claim trade dress for functional features—elements essential to a product’s use or affecting cost or quality. Trader Joe’s will likely argue that the round, crimped edge seals the filling and is purely functional. Smucker will argue the protected configuration and packaging choices are source-identifying and contain non-functional, ornamental design elements.
3) The “Overall Look” Matters More Than Side-By-Side Nitpicks
Trade dress is judged by overall commercial impression and likelihood of confusion. Smucker claims consumer confusion arises from similar packaging cues like blue color blocking and a bitten-sandwich image. If the judge agrees the total image is too close, Trader Joe’s may be required to change its design or packaging.
4) House Brands Are Under A Brighter Spotlight
Private-label look-alikes are common, but close calls are increasingly litigated. Smucker’s enforcement posture signals a broader industry trend: retailers and co-packers need rigorous trade-dress clearance before launch.
Practical Guidance For Brand Owners And Private-Label Teams
If You’re the National Brand:
Register and build your IP: file trademarks, logos, and trade dress for distinctive shapes or packaging.
Prove Distinctiveness:
Maintain consumer survey data, ad spend evidence, and confusion logs. Enforce early and consistently to deter copycats.
If You’re the Challenger/Private Label:
Avoid the “gestalt” of the incumbent’s design—alter shapes, edge treatments, colors, and imagery.
Document your design rationale to show functional or cost-driven choices, not imitation.
Run pre-launch confusion checks through surveys and legal review.
What To Watch Next In Smucker V. Trader Joe’s
Preliminary Injunction: Smucker may seek to stop sales immediately. If granted, Trader Joe’s would need a rapid redesign.
Functionality vs. Distinctiveness: Expect expert testimony on whether the crimped, round design is purely functional.
Evidence of confusion: Online posts or customer inquiries could bolster Smucker’s case if consumers believe the Trader Joe’s product is Uncrustables®.
Bottom Line From The Patent Baron®
For food and CPG brands, trade dress is your moat once patents expire. If you’re launching a competing product, maintain a clear design distance. If you’re the incumbent, register, educate, and enforce so your brand’s design remains unmistakable.
Want a fast trade-dress audit for your packaging or product design? J. Baron Lesperance, founder of The Patent Baron PLLC, can review dielines, mockups, and shelf photos and give you a go/no-go analysis—often the same day. He brings over 20 years of IP legal experience to help clients “put a lock on their ideas.” He has degrees in electrical and mechanical engineering, and he has six years of automotive industry experience. Reach out to us anytime for all of your patent, trademark, and copyright needs.
Sources
Detroit News coverage of the Smucker v. Trader Joe’s lawsuit (Oct. 15, 2025).
Associated Press and Washington Post reports on the trade-dress claims and requested injunction.
Background on U.S. Patent 6,004,596 (“Sealed Crustless Sandwich”) and its expiration.
