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Smucker’s is in a trademark fight with small business over round, crustless sandwiches

A sandwich startup in the Midwest has found itself in a sticky situation — much stickier than the jelly that sits between the slices of bread it offers.

Prepackaged sandwich startup Gallant Tiger, whose products are currently sold in the Minneapolis area where the company is based, was sent a cease-and-desist letter from J.M. Smucker Company on Nov. 21, as first reported by the Star Tribune. Gallant Tiger, which sells round crustless sandwiches with flavors like “blueberry bourbon sage jam and peanut butter” and “apple chili jelly and almond butter,” are being accused by Smucker's of trademark infringement over the shape and packaging of its offerings.

In addition to fruit preserves, peanut butter, syrups and ice cream toppings, the 125-year-old J.M. Smucker Company is the maker of Uncrustables, sealed and crust-free sandwiches found in the freezer aisle of most grocery retailers. Smucker's is arguing that both the shape and the packaging of Gallant Tiger's products look too much like that of Uncrustables.

In Smucker’s cease-and-desist letter to Gallant Tiger, obtained by TODAY.com, lawyers for Smucker's say the company has produced Uncrustables for more than 20 years, noting annual sales of $500 million and saying it produces nearly 1 billion sandwiches annually.

“It has come to our attention that Gallant Tiger, LLC recently launched a new prepackaged round crustless sandwich,” reads the cease-and-desist letter. “We have no issue with others in the marketplace selling prepackaged PB&J sandwiches, but 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 causes harm to our goodwill in our trademark.”

The letter goes on to say that Gallant's new products are “misleading consumers by causing them to believe that Gallant Tiger’s products are authorized by, endorsed by or somehow affiliated with Smucker when they are not.” The letter also alleges Gallant Tiger’s use of a round crustless design also dilutes the distinctive nature of Smucker’s trademark, of which it says it owns several pertaining to the shape and creation of the round crustless sandwich it produces.

“This conduct violates, dilutes and infringes upon our rights in and to the Trademark under the Lanham Act and applicable state law,” the letter reads. “We trust that you understand we must protect our valuable rights in our intellectual property.”

Gallant Tiger's owner and chef Kamal Mohamed, who also owns Minneapolis restaurant STEPCHLD, says starting this company was deeply rooted in his childhood, growing up in the Minneapolis area with his parents, who are both Ethiopian immigrants.

 
 
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