Dupe Culture Meets the Lunchbox: Uncrustables vs. Trader Joe’s

The growing popularity of ‘dupes’ and products inspired by well-known brands shows that even the food sector is not devoid of this trend. 🛒✨

An example would be J. M. Smucker Company v Trader Joe’s Company case, which concerned the infringement of the appearance of the Uncrustables product. 🥪🚫

In its lawsuit against Trader Joe’s, Smucker’s alleges trademark infringement and dilution, as well as unfair competition, indicating that the round crustless sandwich and the opponent’s packaging mislead consumers and exploit the reputation of the Uncrustables brand. ⚖️📉

The key issue in this case seems to be that the packaging and shape of the product can also be treated as ‘trade dress’ – what is important here is that the appearance features have no functional significance and, secondly, consumers identify them as a mark of a specific manufacturer. 📦🕵️‍♂️

Brands that do not protect their ‘trade dress’ risk it becoming widespread and, consequently, losing the right to its exclusive use. 🛡️⏳
Follow us to find out how this dispute will end! 👀🔔