When Design Becomes Destiny: What Smucker v. Trader Joe’s Reveals About Brand Protection in the Age of Lookalikes

By Jay Kotzker

The Lawsuit That Grabs Headlines, and Why It Matters

In a newly filed federal lawsuit, The J.M. Smucker Company accuses Trader Joe’s of trading on its hard-won brand equity. At the center of the dispute? A round, crustless sandwich with a crimped edge and a strikingly familiar blue package. To Smucker, that design isn’t just lunch—it’s intellectual property. And it’s taken decades and over a billion dollars in investment to make Uncrustables one of the most recognizable frozen snacks in America.

The suit raises classic questions about trademark infringement, consumer confusion, and trade dress. But its significance extends far beyond the freezer aisle. For brand leaders across CPG and regulated consumer markets, it’s a case study in how legal protections intersect with growth strategy.

Generic Isn’t Always Neutral

Private label brands have long walked a fine line. On one hand, they meet consumer demand for affordable alternatives. On the other, they increasingly mimic the look and feel of national brands—from packaging layout to product architecture. The result? A gray area where consumer familiarity can become a liability for the originator.

This isn’t about monopolizing the idea of a PB&J. Smucker is clear: others are free to make crustless sandwiches. But copying the signature shape, edge pattern, and packaging style crosses into a different legal—and strategic—territory. It forces a question many brands face: when does “inspiration” become infringement?

Why Shape, Color, and Texture Now Matter More Than Ever

In high-velocity consumer markets, brand identity isn’t just a logo. It’s a full sensory experience. Product configuration, packaging aesthetics, even shelf behavior—all shape consumer perception and loyalty. That’s why forward-thinking companies are expanding how they define and protect trademarks.

Design marks and trade dress can become powerful tools for protecting brand equity. But only if you plan for it. Smucker’s proactive registration of multiple design elements years before litigation is a textbook example of how legal foresight enables business leverage.

House Brands Aren’t Playing Small Anymore

What used to be a David vs. Goliath dynamic has shifted. Retailers like Trader Joe’s, Target, and Costco aren’t just stocking shelves—they’re launching vertically integrated brands with national reach and cult followings. That changes the competitive landscape for emerging brands and heritage players alike.

When retailers also act as brand architects, traditional lines blur. That’s why companies must treat brand development and protection not as a compliance afterthought, but as an integral part of their go-to-market strategy. If your product gains traction, someone will try to imitate it. The only question is whether you’ve laid the legal groundwork to respond.

What Holon Watches for in These Disputes

At Holon, we help growth-stage and established consumer brands navigate exactly this kind of terrain. We don’t just file marks; we design IP portfolios that align with your business model and market positioning. Our work includes:

• Preemptive design and trade dress audits for new SKUs
• Strategic trademark and packaging enforcement
• Risk-balanced review of private label agreements and co-manufacturing arrangements
• Litigation when necessary, but proactive structuring first

We also guide clients through the gray areas—where legal ambiguity intersects with brand strategy, and where the right move isn’t always a courtroom battle, but a portfolio that dissuades copycats in the first place.

The Bottom Line

In a market where speed, aesthetics, and consumer trust drive value, protecting how your product looks can be as important as protecting what it says. The Smucker v. Trader Joe’s case is a sharp reminder: design can be destiny, but only if you’ve secured the rights.

If your brand is scaling, being mimicked, or eyeing new packaging innovation, Holon can help. Our trademark and brand protection team works at the intersection of strategy and enforcement—because we know that in a competitive market, clarity is a form of power.

To learn more about how Holon supports emerging and established brands with strategic IP, reach out to our team.