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Intellectual Property Law Scholar Waseem Moorad, Esq., Unwraps Crux Arguments of Smucker's Sandwich Suit

Nov 24, 2025

5 min

A popular on-the-go sandwich is now the subject of a mega trademark lawsuit between two food industry giants.


The J.M. Smucker Company, more commonly known as Smucker's, recently filed a trademark lawsuit against grocery chain Trader Joe's over what it alleges is infringement upon its iconic billion-dollar investment: the Uncrustables sandwich. Smucker's seeks to obtain unspecified monetary damages from Trader Joe's, as well as profit from its similar product.


But beyond the novelty of the sandwich suit lies a complex case built around a lesser-known morsel of trademark law, says Waseem Moorad, Esq., assistant professor of Law at Villanova University Charles Widger School of Law and director of the school's Intellectual Property Clinic. Professor Moorad, a former U.S. Patent and Trademark Office Patent (USPTO) examiner, recently discussed the actual claims of the lawsuit, and how both parties are preparing for a potential trial.


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Q: Since this lawsuit was filed, it has been a popular topic of public discourse, much of which has centered on the product—a crustless peanut butter and jelly sandwich—itself. Is that what this is truly about?


Professor Moorad: Much of the commentary has been focused on the argument of whether Smucker's is permitted to have a monopoly of peanut butter and jelly sandwiches, or if Trader Joe's can actually infringe upon the Uncrustables product without necessarily using the actual trademarked name. While both discussions are legitimate conversations folks could have while munching on the delicious snack products, they are not necessarily the relevant legal claims at the crux of this lawsuit.


Q: Before we get into what those relevant legal claims are, Smucker's has filed dozens of trademarks in its 128-year history. What sorts of intellectual property do these trademarks generally protect?


PM: Most of their trademarks filed with the USPTO are registered to protect against competitors from using words, logos, slogans, symbols and other materials that are linked to the brand name of the company, its affiliates, or its respective products. Well-known examples include Smucker's, Folgers, Jif and, of course, Uncrustables. If a competing company has a brand or a product that has a similar sounding name or appearance, such as "Giff Peanut Butter," then Smucker's could sue that company for trademark infringement. That name is not only infringing upon a trademark that Smucker's has federal protection over, but also is in the same related industry (food products), within which Smucker's has protection.


Q: But Trader Joe's did not necessarily infringe on any trademarked words, symbols, slogans or the like. What, then, is the basis for the claims of infringement?


PM: The issue is related to a deeper subset of trademark law, specifically the concept of "trade dress." Trade dress is the intellectual property associated with the visual and aesthetic characteristics of a product or its related packaging that allows a consumer to know with whom that product or packaging is associated. For example, Coca-Cola's name, which is federally protected, is well known as a registered trademark; however, the Coca-Cola bottle, with the curvy appearance where it gets slimmer in the middle, is an example of a registered trade dress belonging to Coca-Cola. If there was no logo or word mark on the bottle, the average consumer would still be able to recognize it as a Coke bottle.


There are several trademarks that Smucker's owns that are related to the trade dress of its products. Smucker's isn't alleging that Trader Joe's is copying any of the branding names of their products; they are accusing their competitor of mimicking the trade dress or aesthetic appearances, textures and characteristics of its Uncrustables products and packaging.


Q: What specific trade dress trademarks are they claiming have been infringed upon?


PM: There are at least two registered trademarks that Smucker's is drawing legal attention to. In 2002, Smucker's had trademarked the image of an Uncrustables sandwich that has pie-crimping indentations or marks along the circumference of the sandwich, and in 2019, the company trademarked the image of an Uncrustables sandwich with a bite taken out of it. Smucker's argument is that the Trader Joe's packaging for a similar crustless peanut butter and jelly shows an image of a sandwich with a bite taken out of it, as well as the crimping along the outer edges.


Q: How does one make a legal case out of something like this?


PM: In order to effectively file a trademark infringement lawsuit, the plaintiff must not only show that their federally-protected intellectual property rights are being infringed upon, but also demonstrate that as a result of this infringement, the customer or consumer is being confused.


Smucker's alleges that as result of Trader Joe's actions, customers are now confused over the product and are purchasing Trader Joe's peanut butter and jelly sandwiches thinking they are actually Smucker's Uncrustables sandwiches. Smucker's is of the belief that if the Trader Joe's packaging did not show pie-like crimped edges and the image of the sandwich with a bite taken out of it, confused consumers would not have purchased the Trader Joe's products and would have instead purchased Smucker's Uncrustables. It is this argument that will be the crux of the court cases to follow.


Q: Assuming this goes to trial, how will the two parties prepare and what are some of the challenges for Smucker's as plaintiff?


PM: Part of the case on Smucker's end will be to gather customer feedback or testimony that demonstrates confusion in the marketplace as a result of the similar packaging and trade dress. Trader Joe's will focus on the fact that even though the packaging may be similar, there would be no reason or basis for a customer to be confused between a Trader Joe's-branded product and a Smucker's-branded product.


As the plaintiff in this case, the burden shall be on Smucker's to prove the confusion element necessary to have trademark infringement. The Trader Joe's product clearly says Trader Joe's, and the chain has a marketplace reputation for selling its own products rather than other-branded products. The challenge in such a scenario will be to prove, despite this, that customers purchasing this product would still have gotten confused and either assumed that they were purchasing Uncrustables, or mistakenly believed that Uncrustables may now have a commercial relationship with Trader Joe's.


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Villanova Tax Experts Break Down Legislative Changes, Best Practices Before Filing Deadline featured image

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It's time to collect your W-2s, 1098s and 1099s: On April 15, Americans are required to submit their annual tax returns—recapping earnings, income and life events from the past calendar year. Yet, as filers prepare their records and statements for 2025, they should anticipate some substantial departures from the 2024 season. According to Stephen Olsen, JD, faculty director of the Graduate Tax Program at Villanova University Charles Widger School of Law, and Luke Watson, PhD, associate professor of Accounting in the Villanova School of Business, one of the most significant drivers of change is the One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025. A sweeping piece of legislation, OBBBA has instituted a number of new tax rules and regulations, including a deduction of $6,000 for taxpayers over 65 years of age, a deduction for certain overtime payments up to $12,500, a deduction for certain tips up to $25,000 and an increase in the state and local tax (SALT) deduction cap from $10,000 to $40,000. Given these policies, most taxpayers should expect a modest decrease in taxes owed this season, and refunds on average should trend higher than in 2025—something borne out by early data from the U.S. Department of Treasury. Of course, the full extent and range of the windfalls have yet to be discovered. "It is unclear if the average refund will be as high as estimated by the administration or what the actual distribution of those tax benefits will be," says Professor Olsen. 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What's more, administrative adjustments at the Internal Revenue Service (IRS) could potentially exacerbate levels of stress. "IRS staffing remains lower than in past years, which could impact customer service and processing of returns," says Professor Olsen. "In addition, the current administration has elected to eliminate the IRS Direct File tool for income taxes that was available last year. Taxpayers who used the tool last year will need to find other options for the preparation of their income tax returns." For those concerned about filing and worried about abiding by the new rules and regulations, Professor Olsen and Dr. Watson highlight the importance of remaining organized, maintaining a game plan and, if necessary, seeking assistance. "First, taxpayers should be proactive," says Professor Olsen. "Start gathering information as soon as possible and start the process of preparing your returns as early as possible. 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A Century and a Half of Connectivity: Professor Mojtaba Vaezi Reflects on the Evolution and Future of Communication Technology featured image

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A Century and a Half of Connectivity: Professor Mojtaba Vaezi Reflects on the Evolution and Future of Communication Technology

On March 10, 1876, Alexander Graham Bell spoke the first words ever transmitted over telephone: “Mr. Watson, come here; I want you.” This simple request to Bell’s assistant, Thomas Watson, marked a significant milestone in direct person-to-person communication. Now, 150 years later, this message has paved the way for advanced cellular technology in the form of satellites, wireless networks and the personal devices we carry everywhere. For Mojtaba Vaezi, PhD, associate professor of electrical and computer engineering at Villanova University and director of the Wireless Networking Laboratory, Bell’s few words spoken over telephone marked the beginning of an ongoing technological revolution. “One hundred fifty years ago when telephone communication first started, there was essentially a wired line and a transmitting voice,” said Dr. Vaezi. “That simple, basic transmission has transformed the field of communication technology in unimaginable ways.” According to Dr. Vaezi, five shifts have defined the past century and a half of communication technology: wired devices to wireless, analog to digital, voice to data, fixed landlines to mobile phones and human-to-human communication giving way to an increasing focus on machines and artificial intelligence. Early wireless networks were built around one device per person. Today's networks must support multiple devices per person, plus the technology behind innovations such as smart homes, driverless cars and even remote surgery. “Applications are much more diverse now, so communication has to follow,” said Dr. Vaezi. “A big portion of communication now, in terms of number of connections to the network, is from machine to machine—not human to human or even human to machine." The growing number of connections can cause a host of issues for users. When multiple users share the same wireless spectrum simultaneously, their signals interfere with one another—a problem that is becoming more acute as the number of connected devices increases exponentially. Dr. Vaezi’s research at Villanova focuses on developing techniques that allow multiple users to transmit messages on the same frequency at the same time and still be understood. Another vibrant research area of Dr. Vaezi’s involves Integrated Sensing and Communication (ISAC). This field of study focuses on integrating wireless communications and radar so they can function within the same spectrum. “Historically, radar and wireless communication work in different bandwidths or spectrums and use separate devices. Although they are related, they happen in different fields,” said Dr. Vaezi. “Almost every communication scheme that has been developed has focused on this: How can we better utilize the spectrum?” ISAC is increasingly important as new innovations like driverless cars become fixtures in everyday life. These vehicles rely on radar to continuously scan for hazards, and when a hazard is detected, a signal must be sent to trigger safety mechanisms. Currently, the radar and communications systems operate on separate bandwidths using separate hardware. Dr. Vaezi's research explores how both functions could be housed in a single device running on one shared spectrum. Areas of study like Dr. Vaezi’s that focus on machine to machine communication are becoming increasingly relevant as communication technology evolves and moves away from simple person to person messaging. As for the next big milestone in communications, Dr. Vaezi is looking ahead to the implementation of 6G by 2030, though he tempers expectations. For most users, the change will feel modest, amounting to slightly faster device speeds. The most massive shift with 6G will be the amount of added coverage in areas that previously did not have network accessibility. “Say you order a package and it’s coming from somewhere abroad,” explained Dr. Vaezi. “6G will add network coverage over oceans, so you’ll be able to track your package in real time using that satellite technology.” The sixth generation of cellular technology will continue to connect our world and optimize current communications to accommodate more users and devices that need network access each day. It is far different from Alexander Graham Bell’s historic phone call 150 years ago. That brief exchange over a single wired line laid the groundwork for a communications ecosystem that now supports billions of devices, complex data networks and emerging technologies yet to be seen. It also serves as a reminder that despite how far communication technology has come, and how complex it has gotten, it all shares a common, simple goal: to transmit information from one point to another.

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