The J.M. Smucker Co. has issued a warning against Gallant Tiger, a Minnesota-based small business, for a claimed copyright infringement of its crustless peanut butter and jelly sandwiches.
A Gizmodo story via a report by the Star Tribune states that the reported infringement is on the "round crustless design" of the product as well as imagery on the packaging depicting a bite taken out of a sandwich.
Gallant Tiger is owned by Kamal Mohamed, who recently received a letter from J.M. Smucker requesting he “permanently cease and desist from manufacturing, marketing, sales, and distribution” of the Gallant Tiger brand sandwiches.
“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 Star Tribune reports the letter as saying.
“We’re not in any way trying to say that we are a competitor,” Mohamed tells the Star Tribune.
“From a traditional trademark perspective, a customer would not mistake the two, because our price point is different, our packaging is different and our quality of ingredients is also significantly different. In fact, we’re twice as expensive as the market leader. So if somebody saw us in store side by side, why wouldn’t you just go with their product?” Mohamed says.