Smucker’s Suit Against Welch’s Fruit Snack Maker Dismissed

A complaint filed by J.M. Smucker against the maker of Welch’s Fruit Snacks regarding the slogan “Fruit is Our 1st Ingredient” was an attempt at improper forum-shopping, the Northern District of Ohio said Nov. 7

Smucker and Product in Motion Inc. disputed whether Smucker’s use of “Fruit is Our 1st Ingredient” to advertise its natural fruit spreads infringed PIM’s trademarks. PIM uses the same phrase at the top of its packaging for Welch’s Fruit Snacks.

During negotiations on the issue, Smucker said it would respond to PIM’s latest email “as soon as possible.” Two days later, it sued PIM in ...