Hadley Quoted in ‘The New York Times’ on Smucker’s Lawsuit Over Uncrustables Trademark

Glaser Weil Intellectual Property Partner and Chair Lawrence M. Hadley was quoted in The New York Times article titled “Can You Trademark Peanut Butter and Jelly? Smucker’s Says Yes.,” regarding J.M. Smucker’s recent trademark infringement lawsuit against Trader Joe’s. The case centers on Smucker’s claim that Trader Joe’s crustless peanut butter and jelly sandwiches are a copycat of its Uncrustables product.

Hadley explained that trademark infringement cases often hinge on consumer confusion. He noted that Trader Joe’s is likely to argue that its product is distinct and that its branding clearly signals to consumers that they are not purchasing a Smucker’s product. Drawing a comparison to the experience of buying Kirkland-branded items at Costco, Hadley said, “People going to Trader Joe’s understand that when they buy a sandwich, even if it doesn’t have a crust and is shaped in a certain way and you can heat it up in a toaster oven, it’s not a Smucker’s.”

Read the full article on The New York Times (subscription required).