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The J.M. Smucker Co. filed a federal lawsuit Monday accusing Dealer Joe’s of copying its common Uncrustables frozen sandwiches.
Smucker filed the lawsuit Monday in Ohio federal court docket, arguing that Dealer Joe’s spherical, crustless sandwiches with crimped edges too intently imitate Uncrustables.
“Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches,” the corporate mentioned in its lawsuit. “But it cannot allow others to use Smucker’s valuable intellectual property to make such sales.”
Smucker additionally alleged that Dealer Joe’s packaging design violates its emblems.
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A field of Dealer Joe’s Crustless Peanut Butter & Strawberry Jam Sandwiches is pictured. (Dealer Joe’s)
The Ohio-based firm claimed Dealer Joe’s makes use of comparable blue lettering and imagery of a sandwich with a chunk taken out – just like parts featured on Uncrustables packaging.
Two packing containers of J.M. Smucker Co. Smucker’s Uncrustables model peanut butter and grape jelly sandwiches are organized for {a photograph} in Tiskilwa, Illinois, on Tuesday, June 6, 2017. (Daniel Acker/Bloomberg by way of Getty Photographs / Getty Photographs)
The lawsuit argues the similarities have already triggered buyer confusion. It cites a social media publish by which a person mistakenly claimed Dealer Joe’s sandwiches have been produced by Smucker beneath a personal label settlement.
FOX Enterprise reached out to Dealer Joe’s for touch upon the lawsuit.
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Smucker is looking for restitution and a court docket order requiring Dealer Joe’s to ship Smucker the sandwich product and its packaging to be destroyed.
Smucker accused Dealer Joe’s of violating its emblems. (Myung J. Chun / Los Angeles Instances by way of Getty Photographs / Getty Photographs)
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Smucker’s household of manufacturers contains Folgers, Dunkin’, Café Bustelo, Jif, Uncrustables, Smucker’s and Hostess.
