Warner Music Group has initiated a lawsuit against Crumbl Cookies, claiming the company misused their music in promotional content. The complaint alleges unauthorized use of at least 159 sound recordings and compositions from renowned artists. This misuse allegedly occurred on platforms such as TikTok and Instagram, significantly boosting Crumbl's brand presence without proper compensation to Warner Music Group.
The legal battle centers around allegations that Crumbl's marketing tactics involved both direct postings and partnerships with influencers, all utilizing copyrighted material. Despite receiving formal warnings, Crumbl allegedly continued its infringing activities. Warner Music Group seeks substantial damages and an injunction to prevent further violations.
Unauthorized Use of Music in Promotions
Crumbl Cookies stands accused of using popular music tracks without obtaining necessary permissions or licenses. These tracks were featured in videos promoting various cookie flavors across social media platforms. The suit claims that these clips prominently feature recognizable parts of the songs, enhancing the appeal of Crumbl’s products.
For instance, Lil Mosey’s “Blueberry Faygo” was used for blueberry cheesecake cookies, Coldplay’s “Yellow” for yellow sugar cookies, and BTS’ “Butter” for Kentucky butter cake. Such strategic pairing leverages the emotional resonance of well-known music to boost sales. The lawsuit argues that by doing so, Crumbl exploited the creative works of artists represented by Warner Music Group, thereby amplifying its own brand image without fair remuneration.
Collaborations With Influencers Amid Legal Warnings
Beyond direct posts, Crumbl allegedly collaborated with social media influencers who promoted the brand through sponsored content. These partnerships often included incentives for participants to create engaging videos featuring Crumbl products. Even after receiving a cease-and-desist letter in 2023, the company reportedly persisted in its practices, as evidenced by internal communications hinting at awareness of legal restrictions.
A January 2024 TikTok video humorously referenced these limitations when it stated, “We were gonna make a funny video to promote Mystery Cookie, but legal said we can’t use any trending audios.” This statement underscores Crumbl’s knowledge of the issue yet apparent disregard for resolving it promptly. Warner Music Group contends that such actions demonstrate willful infringement, warranting severe penalties including statutory damages up to $150,000 per infringed work and a permanent ban on future misuse. Additionally, Crumbl's rapid expansion since its founding in 2017 highlights the potential scale of benefit derived from unauthorized usage of protected materials.
