Smucker’s Goes After Small Business Making Crustless Sandwiches for Trademark Infringement

Smucker’s says the “round crustless design” of its Uncrustables sandwich is protected by trademark Law

J.M. Smucker Co. has issued a warning against a small business in Minnesota that’s selling peanut butter and jelly sandwiches without a crust, according to a new report from the Star Tribune. The food giant alleges a crustless sandwich called Gallant Tiger infringes on the trademark protections of its Uncrustables brand.

Smucker insists that it doesn’t have any issue with other people selling peanut butter and jelly sandwiches, but the Fortune 500 company is claiming it holds a trademark on a “round crustless design” and the packaging photo choice that shows a bite taken out of the sandwich.

The Gallant Tiger sandwich brand was started by Kamal Mohamed, who, along with his family, owns the Nashville Coop food company in St. Paul. Mohamed also owns a restaurant called Stepchld in Northeast Minneapolis.

Mohamed recently received a letter from Smucker demanding he “permanently cease and desist from manufacturing, marketing, sales, and distribution” of the Gallant Tiger brand sandwiches.

“We have no issue with others in the marketplace selling prepackaged PB&J sandwiches, but Gallant Tiger’s use of the identical round crustless design and images of a round crustless sandwich with a bite taken out creates a likelihood of consumer confusion and causes harm to our goodwill in our Trademark,” said the letter, according to the Star Tribune.

Smucker manufactures roughly 1 billion of its round sandwiches every year, according to the Star Tribune, raking in about $500 million, while only a few hundred Gallant Tiger sandwiches are made each week and distributed largely to coffee shops in the Twin Cities. Gallant Tiger, which takes its name from the mascot at South High in Minneapolis where Mohamed went to school, according to Racket MN, is very conscious of the fact that it’s taking on a large company with more resources.

Read more at  https://gizmodo.com/smucker-crustless-sandwich-business-infringes-trademark-1849891445