Smucker's says shop infringes its trademark for round, crustless sandwiches

J.M. Smucker Co. has issued a cease and desist demand against an upscale peanut butter and jelly sandwich brand over the shape of its sandwiches.

According to Smucker's, the Gallant Tiger sandwiches infringe on its trademark for its "round crustless sandwich design."

The Ohio-based food and beverage giant also takes issue with Gallant Tiger's packaging.

Gallant Tiger is a crustless sandwich brand that pairs peanut butter with blueberry bourbon sage jam and chai spiced pear butter.

According to Smucker's, Gallant Tiger's use of the identical round crustless design and images of a round crustless sandwich with a bite taken out creates a likelihood of consumer confusion and harms the goodwill in their trademark.

Gallant Tiger's legal counsel argued that there are "not very many shapes" for sandwiches and that the round shape of its sandwiches is more "aesthetically pleasing" than its squared-off counterparts.

Kamal Mohamed, the founder of Gallant Tiger, says the company will not comply with the letter's request that it cease the "manufacturing, marketing, sales, and distribution of sandwiches."

Mohamed insists that Smucker's either compete with them in the market or invest in Gallant Tiger.

In early 2022, Cleveland.com reported that Smucker's produces 3 million Uncrustables a day, and the company raked in $511 million in sales of the sandwiches during the previous fiscal year.

By contrast, Gallant Tiger produces several hundred sandwiches weekly and distributes them at a half-dozen coffee shops in and around Minneapolis.

Smucker's in-house counsel had earlier sent a cease and desist letter to Chubby Snacks, a prepackaged peanut butter and jelly sandwich brand that was originally round.