Why the Crumbl Cookies Lawsuit Is a Wake-Up Call for Brands
As Warner Music Group’s lawsuit against Crumbl Cookies grabs headlines, let’s say this clearly:
We believe Warner will win.
The Real Headline for Brands?
This isn’t about cookies. It’s about copyright.
It’s about a widening gap between how brands use music on social - and what they’re legally allowed to do.
Platform Deals ≠ Brand Permissions
In our work with brands, we’re seeing a surge in social-first activations. And while TikTok and Instagram offer commercial music libraries (collections of pre-cleared tracks safe for brand use), those libraries rarely include mainstream chart-toppers.
That’s where a major misconception arises:
Just because a song is available on TikTok or Instagram doesn’t mean it’s fair game for branded content.
TikTok and Instagram have agreements with labels/publishers that allow individuals to use popular tracks for non-commercial personal posts.
But when a brand uses those same tracks to promote a product, it enters a different legal territory:
A sync license is required.
Approvals must be secured from both publishers and labels.
Branded hashtag challenges, influencer content, paid ads—all require explicit clearance.
Remember Peloton? The Stakes Are Real
In 2019, Peloton was sued by the NMPA for using over 2,400 unlicensed songs in its fitness content. The case sought $300M in damages.
Peloton settled - but not before paying millions in retroactive fees and suffering brand damage.
Now, Crumbl is accused of using 159 tracks. Statutory damages could reach $24M.
The principle is the same: Fail to license music properly, and rights holders will come. And they’ll win.
Crumbl’s Case: A Blueprint for What Not To Do
Examples cited in the lawsuit include:
“Blueberry Faygo” by Lil Mosey – for blueberry cheesecake cookies
“Yellow” by Coldplay – for yellow sugar cookies
“Butter” by BTS – for butter cake
“Lottery (Renegade)” by K CAMP – used in employee product promos
'Organic' ≠ Exempt
Two common misconceptions:
Organic ≠ free pass. Even “natural” feeling content (like recipe or tutorial videos) needs a sync license if music is synced to a branded message.
UGC ≠ UGC when a brand initiates it. Once money changes hands - paid media, influencer fees, sponsored challenges - the legal standards shift.
Labels and publishers - especially those repping top-tier artists - are more protective than ever. Enforcement hasn’t loosened. It’s tightened.
We’re Entering a New Era of Enforcement
The Crumbl case marks a shift:
Rights holders are watching.
They’re tracking usage.
And they’re not afraid to litigate.
Why Music Supervision Matters Now More Than Ever
At duotone, we believe music should elevate a brand - not put it at risk. That’s why we help clients:
Negotiate rights with publishers and labels
Develop creative alternatives when licensing isn’t feasible
Avoid hidden pitfalls, like influencer usage restrictions
Music supervision isn’t just about taste.
It’s about clarity, strategy, and protection.
We’re not here to say “no.”
We’re here to help you say “yes” - the right way.
Build the soundtrack you want. Protect the brand you’ve built.
Dana Hom is director of music licensing and business operations at duotone audio group.
Check out more from duotone here.
