After being squarely knocked for its US patent, The J. M. Smucker Co. is now taking Pierre Foods, Inc., Clovervale Farms, Inc., and CJ5 Foods, Inc. to school – U.S. District Court for the Northern District of Ohio, that is – for trade dress infringement, dilution, unfair competition and deceptive trade practices.
J. M. Smucker redefined a lunchtime staple with the introduction of a round, crustless peanut butter and jelly sandwich under the brand UNCRUSTABLES in 1998. According to the complaint, Clovervale Farms sold a competitive square, crustless peanut butter and jelly sandwich and was later bought by the now bankrupt Pierre Foods in July 2006.
J. M. Smucker alleges that between 2007 and 2008, Pierre Foods and Clovervale Farms changed from a square to a round crustless peanut butter and jelly sandwich, violating J. M Smucker's trade dress rights in the round design. Trade dress law protects the distinctive design of a product or its packaging, which calls the maker's name to the consumer's mind.
According to the complaint, Pierre Foods and Clovervale Farms willfully violated J. M. Smucker's rights by continuing to sell the round sandwiches despite cease and desist letters. The complaint also names CJ5 Foods, Inc., a California based distributor for Pierre Foods and Clovervale Farms and supplier for Whole Foods.
With millions of children returning to school this month, this food fight could be big. According to the complaint, J. M. Smucker could stand to lose over $10 million if the court fails to issue an injunction.
While the crustless PB&J may be popular with the kids, this author will keep his trusty ham and swiss. But, does anyone want to trade a bag of chocolate chip cookies for a Little Debbie Nutty Bar? For you, I'll throw in a red apple.