Trader Joe’s Halloween mini totes create ‘creepy’ long lines
Trader Joe’s much-talked-about mini totes are back with a Halloween twist, and people are lining up like it’s Black Friday.
The maker of Jif peanut butter and Smucker’s jams and jellies is suing Trader Joe’s, alleging that the supermarket chain’s crustless PB&J sandwiches infringe on its Uncrustables frozen sandwich trademark.
JM Smucker Co. filed a federal lawsuit in the Northern District of Ohio on October 13, seeking damages against Trader Joe’s for alleged trademark infringement and deceptive trade practices.
“Consumers instantly recognize Smucker’s Uncrustable Sandwiches by their unique design features, which are protected by several U.S. trademark registrations,” the company claims in its complaint. “In exchange for Smucker’s valuable goodwill and Smucker’s significant investment in valuable intellectual property related to the Uncrusted Sandwich, Defendant Trader Joe’s Company launched a clear counterfeit product.”
Smucker’s introduced a thaw-and-eat sandwich in 2000 after acquiring the brand from founders Len Kretschman and David Geske in 1998. They started making it in Fergus Falls, Minnesota in 1995 because kids wanted a PB&J sandwich without the ears.
The entrepreneurs eventually began making candy for local schools, The Athletic of The New York Times reported in October 2024. The snack became popular among National Football League players because of its portability, the paper said.
What is the difference between Uncrusted Bulls and Trader Joe’s Crustless Sandwiches?
JM Smuckers insists in its lawsuit that it doesn’t matter much. Smucker’s alleges that Trader Joe’s introduced a “round, crustless sandwich with folded edges” last year to “trade name and recognition” for Uncrustable, the complaint says.
Trader Joe’s describes the Crustless Peanut Butter and Strawberry Jam Sandwich on the chain’s website as “salted peanut butter and bright strawberry jam wrapped in chewy white bread with a shrunken crust to enclose a sweet and salty filling.”
Trader Joe’s did not respond to a request for comment when contacted by USA TODAY on Wednesday, October 15th.
Smucker’s claimed in its lawsuit that Trader Joe’s infringed on its trademarks by images of a “round pie-like shape with a distinct wavy crimp around the perimeter” and a “clusterable with a bite taken out to reveal the filling inside to identify the sandwich product.”
Consumers are “led to believe that Defendants’ products are somehow sponsored by, emanated from, or affiliated with Smucker, when in fact they are not,” the company claims. Smucker’s claims this will harm the approximately $1 billion Uncrustables brand, and the company says in the lawsuit that it produces approximately 1.5 billion Uncrustables annually.
Smucker’s is seeking damages and profits from Trader Joe’s’ “tort of trademark infringement.” It also asks the court to prohibit Trader Joe’s from using images similar to Uncrusted Bulls or any other conduct that is “likely to cause confusion, error or deception” regarding Smucker’s products.
The company is also asking the court to order Trader Joe’s to turn over all materials associated with the doughless sandwiches, including the product itself, containers, labels, packaging materials, and wrappers, so it can be destroyed.
Contributed by: Reuters
Mike Snyder is a national trends news reporter for USA TODAY. You can follow him on Threads, Bluesky, and X, and email him at: mike snyder & @mikegsnider.bsky.social & @mikesnider & msnider@usatoday.com
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