A brewing legal battle over the shape of a sandwich has pit an iconic snack company against a nascent Midwestern business, raising the question of how special a peanut butter and jelly sandwich is when it’s round.
The J.M. Smucker Co., which produces brands such as Folgers coffee and Jif peanut butter, last month accused Minneapolis-based Gallant Tiger of infringing on its trademark for Uncrustables, its crustless peanut butter and jelly sandwiches, by mimicking their flying-saucer shape.
“We just don’t think from a trademark perspective that this is protecting the consumer,” he said. “All they’re doing is stifling consumer choice.”Mohamed and his legal counsel called Smucker’s tactics “bullying” to small businesses.
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