Ok #trademark and #IP folk, thoughts on this? Also, I really want to try one of the possibly infringing ones-- chai spiced pear butter and peanut butter? YUMMMM

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

#uncrustables #intellectualproperty
#law #lawtwitter #lawfedi #lawyers #litigation

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.

Gizmodo

@TamarYellin I'd like to know what "Trademark" the letter is referring to. Have they registered the shape? Are they asserting unregistered rights?

But I do know Smuckers has an expired utility patent, so there may be functionality and "Limited Times" issues: https://patents.google.com/patent/US6004596A/en?oq=country:US+type:DESIGN+6004596+

Cf. https://mastodon.social/@design_law/109506363978890410

US6004596A - Sealed crustless sandwich - Google Patents

A sealed crustless sandwich for providing a convenient sandwich without an outer crust which can be stored for long periods of time without a central filling from leaking outwardly. The sandwich includes a lower bread portion, an upper bread portion, an upper filling and a lower filling between the lower and upper bread portions, a center filling sealed between the upper and lower fillings, and a crimped edge along an outer perimeter of the bread portions for sealing the fillings therebetween. The upper and lower fillings are preferably comprised of peanut butter and the center filling is comprised of at least jelly. The center filling is prevented from radiating outwardly into and through the bread portions from the surrounding peanut butter.

@design_law I'm really not sure! I could maybe see a trade dress argument in the design of the packaging though.

Ooh didn't know about the utility patent, I'll have to check that out.

@TamarYellin @design_law the wherein clause of Claim 1 is interesting. Did they really remove crusts from each product instead of just making them as shown? Maybe they had to avoid being anticipated by empanadas 😁
@AustinB @rmacanthony @design_law Whoa, I have never seen these before but they look cool!
@TamarYellin @rmacanthony @design_law they’re really fun. You put a jelly sandwich in the campfire and get a pie out of it. I always preferred making them with cheddar.
@AustinB @TamarYellin @rmacanthony Um, that sounds awesome. TIL.