The Battle of Crustless Peanut Butter Sandwiches
There is turmoil brewing in the land of Peanut Butter Sandwiches.
Peanut butter and jelly are two of the most classic combinations in history. They go together like bread and butter, or salt and pepper. They are simple but taste delicious. Most people can whip one up in their kitchen or get one that is already made. For example, J.M. Smucker's "Uncrustables", a round shape PB&J that comes in different varieties. Now, the particular shape of this pastry is one of the main reasons why J.M. Smucker is challenging a small local business in Minneapolis.
The brand in question is “Gallant Tiger”, owned by Kamel Mohamed. Gallant Tiger, produces these round sandwiches that are also ready to eat but has a different take on the classic PB&J.
Now, J.M. Smuckers doesn't seem to mind if there are other PB&J sandwiches available. However, they noted that the packaging and appearance of "Gallant Tiger" resembled their own pastry. They worry that buyers would mistake the two products because of their striking similarity.
In response, Mohamed stated that sandwiches don't come in a lot of shapes in general and that the square sandwich on a round plate just isn't "aesthetically pleasing’. In addition, they added that its more than unlikely that consumers will be confused because of the significant difference in price point, packaging, and quality of ingredients.
Smucker's demands Gallant Tiger "permanently cease and desist from manufacturing, marketing, sales, and distribution of sandwiches that resemble" Uncrustables.
Mohamed has reportedly said he's not backing down and even seemed flattered that a multimillion-dollar company like Smuckers noticed a small brand like his.
What do you think? Are the classic sandwiches confusingly similar? Contact us today to schedule a consultation to discuss a trademark search to ensure that YOUR BRAND isn’t infringing on another’s brand and while you’re at it, we can get you started with filing your federal trademark registration.
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Image Sources:
Smucker’s Uncrustables / smuckersuncrustables.com
Gallant Tiger / gallanttiger.com