When does a peanut butter and jelly sandwich become a legal issue? According to J.M. Smucker Co., when it looks too much like an Uncrustable.
What’s This Lawsuit About?
J.M. Smucker Co., the maker of Uncrustables, has filed a lawsuit against Trader Joe’s, claiming the grocery chain’s “Crustless Peanut Butter & Strawberry Jam Sandwiches” copy Uncrustables’ signature design and packaging.
Filed on October 13, 2025, in the U.S. District Court for the Northern District of Ohio, the lawsuit accuses Trader Joe’s of trademark infringement, trade dress violation, and unfair competition under the Lanham Act, according to Reuters.
Smucker argues Trader Joe’s product mimics:
- The round, sealed shape with crimped edges
- The bite mark illustration showing the filling
- The blue-toned packaging reminiscent of Uncrustables branding
Smucker claims these similarities could confuse consumers into thinking Trader Joe’s sandwiches are affiliated with or made by Smucker.
What Exactly Is “Trade Dress”?
Trade dress refers to the visual appearance of a product or its packaging that tells consumers where it comes from — like the shape of a Coca-Cola bottle or the look of an Apple store.
Smucker asserts that the Uncrustables’ sealed, crustless, circular design has become distinctive enough that people recognize it as a Smucker product.
But to succeed, Smucker must prove two things:
- The design is non-functional (it’s about brand identity, not practicality), and
- The look is distinctive enough to identify Uncrustables as the source.
Trader Joe’s is likely to argue that the sandwich’s round, sealed shape is functional, meaning it helps hold the filling — and therefore can’t be trademarked.
Can You Really Trademark a Sandwich?
Surprisingly, yes — sometimes. U.S. trademark law allows companies to register the shape or design of a product if it’s unique and consumers link that design to the brand.
But this kind of protection is rare. For example:
- Coca-Cola trademarked its bottle shape.
- Toblerone protects its triangular chocolate bar.
- Smucker holds patents and registrations related to the sealed-edge Uncrustables.
However, functionality is the biggest hurdle. If a design serves a practical purpose, like sealing in peanut butter and jelly, courts often say it’s not protectable under trademark law. That’s the battle Smucker faces here.
How Is Trader Joe’s Defending Itself?
Trader Joe’s hasn’t publicly commented, but its legal defenses likely include:
- Functional Design:
The round, sealed sandwich design is practical, not purely decorative.
- Distinct Branding:
Trader Joe’s packaging has its own fonts, labels, and colors — which it could argue make it clearly different from Uncrustables.
- No Consumer Confusion:
Consumers generally know Trader Joe’s sells private-label products, not items made by national brands.
If Trader Joe’s convinces the court the design is functional or visually distinct, Smucker’s trade dress claims may crumble.
How Will This Affect Private-Label and “Dupe” Products?
Trader Joe’s is famous for its private-label “dupes” — products inspired by popular national brands but sold under its own label.
This lawsuit may draw a line between inspiration and imitation. If Smucker wins, it could make retailers more cautious about releasing products that too closely resemble branded designs or packaging.
Private-label producers might start consulting IP attorneys before launching store-brand versions — especially in food, beauty, and household products, where visual identity drives sales.
What Happens If Smucker Loses?
If the court sides with Trader Joe’s, it could reshape how far trade dress protection extends in the food industry.
A loss for Smucker would:
- Limit the ability of food companies to claim exclusive rights over functional product shapes, and
- Make it harder to challenge lookalike products unless there’s clear evidence of consumer confusion.
This outcome could embolden private-label brands to continue creating close design “dupes,” knowing courts may treat functional packaging or shapes as public domain.
Why This Case Matters Beyond PB&J
1. Design Is the New Brand Identity
From Stanley cups to Uncrustables, visual design now carries as much brand power as names or logos. Protecting that design is becoming central to intellectual property strategy.
2. “Dupe Culture” Is Meeting Legal Limits
As copycat products gain traction on social media, brands are more aggressively enforcing their rights — making 2025 a defining year for IP in consumer goods.
3. Consumer Confusion Goes Digital
Smucker’s lawsuit even cites social media posts showing people mistaking Trader Joe’s product for Uncrustables — signaling that online perception matters as much as in-store marketing.
What Could Happen Next?
🔹 Settlement (Most Likely)
Most trademark suits between major brands settle quietly. Trader Joe’s could agree to tweak its packaging or product shape.
🔹 Injunction or Damages
If Smucker wins, Trader Joe’s could be forced to stop selling the sandwiches and possibly pay damages.
🔹 Dismissal
If the court finds the design is functional or clearly different, the case could be dismissed — setting an important precedent for food product design.
How Food Companies Can Protect Product Design
To safeguard brand identity and avoid similar disputes, companies should:
- Register Trademarks and Trade Dress Early.
Secure protection for distinctive packaging and product forms.
- Document Consumer Recognition.
Surveys, reviews, and marketing data that link your design to your brand strengthen your case.
- Avoid Functionality Overlap.
Make sure protected elements are aesthetic, not essential to how the product works.
- Do a Trade Dress Clearance Before Launch.
Juris Law Group helps food and beverage companies assess and register packaging designs to prevent infringement disputes.
FREQUENTLY ASKED QUESTIONS (FAQ)
Can a food’s shape be trademarked?
Yes, but only if it’s distinctive and non-functional. Functional designs (like a sealed sandwich) are harder to protect.
What’s the difference between trademark and trade dress?
Trademarks protect names and logos; trade dress protects the product’s overall appearance or packaging that signals the brand.
Has Smucker done this before?
Yes. Smucker has enforced Uncrustables patents and trademarks against other crustless sandwich makers in the past.
What if another company changes the design slightly?
If the overall impression still confuses consumers, it can still count as infringement.
How can food startups avoid getting sued?
Conduct trademark and trade dress reviews before launch — Juris Law Group helps clients identify and avoid conflicts early.
Key Takeaway
The Smucker v. Trader Joe’s lawsuit isn’t just about sandwiches, it’s about the future of design-based brand protection.
As copycat and private-label trends grow, the ability to defend product shape and packaging will define who leads in consumer loyalty.
For brands, the message is clear: your product’s design might be your most valuable trademark.
