Michael Kelber, partner and chair of our Intellectual Property practice group, shared insights on Smucker’s lawsuit against Trader Joe’s during a Good Morning America First Look segment that aired this morning on ABC News.

Michael explained that while recipes and ingredients generally can’t be trademarked, unique shapes or non-functional features can qualify for trademark protection. He also noted that Trader Joe’s may argue the crimping is functional, as it helps seal the sandwich.

Watch the full segment below: