Michael Kelber, partner and chair of our Intellectual Property practice group, and associate Grace Wickstrom recently authored an article in The Trademark Lawyer titled “Takeaways from J.M. Smucker Company v. Trader Joe’s Company for Brand Owners Regarding Trade Dress Enforcement.”

The article examines Smucker’s claims that Trader Joe’s crustless sandwich infringes on its Uncrustables® trade dress through similar design and packaging. Michael and Grace discuss the complexities of protecting product design as trade dress and note that Smucker’s case is bolstered by its longstanding trademark and assertive enforcement approach.

Click here to read the full article.