April 30, 2025

Your Favorite Cookie Just Crumbl’d . . . to the Tune of $23.58 Million

That catchy song in your company’s latest TikTok video could cost you millions. 

Just ask Crumbl Cookies, the rapidly expanding dessert chain now facing a potentially $23.85 million copyright infringement lawsuit from Warner Music Group. This isn’t hyperbole—it’s the hard reality of digital marketing in 2025, where the soundtrack to your brand’s social media success could become the evidence in your company’s next legal nightmare. 

As businesses race to capture attention in crowded social feeds, many are unwittingly stepping into a legal minefield that could devastate their bottom line and brand reputation. The recent lawsuit filed by Warner Music Group (WMG) against Crumbl serves as a sobering wake-up call for executives who may not realize the serious legal implications of their marketing team’s content choices. 

On April 22, 2025, WMG filed a complaint in a US District Court in Utah, alleging that Crumbl used at least 159 of WMG’s recordings and compositions in promotional videos posted to TikTok and Instagram without proper licensing or authorization. This case serves as a stark reminder of the legal risks businesses face when incorporating copyrighted music into their social media strategy. 

Understanding the Allegations 

According to the lawsuit, Crumbl has built a substantial social media presence, boasting 9.8 million followers on TikTok and 6.1 million on Instagram. The cookie company allegedly used popular songs from artists such as Dua Lipa, Bruno Mars, Lizzo, Taylor Swift, Mariah Carey, Ariana Grande, and Beyoncé in videos promoting their products. 

WMG claims that Crumbl’s videos are synchronized to audio tracks that typically run the full length of the videos and include the most recognizable portions of the songs, such as hooks or choruses. In one example cited in the complaint, a video promoting blueberry cheesecake cookies featured the song “Blueberry Faygo” by Lil Mosey, while another promoting yellow sugar cookies used Coldplay’s hit “Yellow.” 

The Influencer Connection 

What makes this case particularly interesting from a legal perspective is Crumbl’s alleged partnership with social media influencers. The lawsuit details how Crumbl not only created infringing content directly but also collaborated with influencers who received “perks and rewards” and the prospect of “paid initiatives” in exchange for creating content promoting Crumbl products. 

This raises important questions about the liability of businesses when working with influencers who may use copyrighted material in sponsored content. As brands increasingly rely on influencer marketing, establishing clear guidelines regarding the use of copyrighted materials becomes essential. 

Willful Infringement and Potential Damages 

WMG claims that Crumbl continued to post infringing content even after receiving a cease-and-desist letter in August 2023. The music company cites a January 2024 TikTok video in which Crumbl stated: “We were gonna make a funny video to promote Mystery Cookie, but legal said we can’t use any trending audios.” This statement could potentially be interpreted as an acknowledgment of the copyright issues. 

WMG is seeking up to $150,000 in statutory damages for each infringed work, which could result in damages of up to $23.85 million if the maximum penalty is granted for all 159 works cited. Additionally, WMG is seeking a permanent injunction to prevent Crumbl from further infringement. 

A Growing Trend in Music Copyright Litigation 

This lawsuit is part of a broader trend of music companies taking legal action against businesses for unauthorized use of music in social media marketing. Recent cases involve companies such as Bang Energy, Chili’s, Marriott Hotels, and even educational institutions like the University of Southern California. 

These cases highlight the music industry’s increasing vigilance in protecting intellectual property rights in the digital sphere. As businesses continue to leverage social media for marketing purposes, the risk of copyright infringement claims has grown significantly. 

Key Takeaways for Businesses Using Music in Social Media Marketing 

1. Obtain Proper Licenses: Before using any copyrighted music in marketing materials, businesses must secure the appropriate licenses. This often involves obtaining rights for both the musical composition (typically from publishers or performing rights organizations) and the sound recording (typically from record labels). 

1. Consider Royalty-Free Alternatives: Numerous platforms offer royalty-free music specifically designed for commercial use. While these options may lack the recognition of popular songs, they provide a legally safe alternative. 

1. Develop Clear Influencer Guidelines: Businesses working with influencers should establish comprehensive guidelines regarding the use of copyrighted materials in sponsored content. These guidelines should explicitly prohibit the unauthorized use of copyrighted music. 

1. Implement Internal Compliance Measures: Companies should develop internal review processes to ensure that all marketing content complies with copyright laws before publication. 

1. Respond Promptly to Infringement Notices: If a company receives a cease-and-desist letter or other notice of potential infringement, immediate action should be taken to address the concerns and prevent further liability. 

The Digital Content Creation Dilemma 

The WMG v. Crumbl case exemplifies the tension between the viral nature of social media marketing and the protection of intellectual property rights. Platforms like TikTok and Instagram have built their ecosystems around music-driven content, creating an environment where copyright infringement can easily occur. 

For businesses, the allure of using recognizable songs to enhance the appeal of marketing content must be balanced against the legal risks of copyright infringement. The potential damages in cases like this—potentially millions of dollars—far outweigh the short-term marketing benefits of using copyrighted music without permission. 

Protect Your Business Before it’s too Late  

As the digital marketing landscape continues to evolve, businesses must adapt their strategies to comply with intellectual property laws. The WMG lawsuit against Crumbl serves as a cautionary tale for companies leveraging social media for brand building. The case underscores the importance of respecting copyright protections and securing proper licenses when using music in promotional content. 

I’ve seen too many businesses fall into this trap. As someone who bridges the worlds of technology, law, and business, I recognize that most copyright infringements don’t come from malicious intent—they stem from a lack of awareness about the serious legal implications of seemingly minor marketing decisions. 

Don’t wait for a cease-and-desist letter to address this issue. I strongly encourage every business owner and executive to take these three immediate steps: 

1. Conduct an audit of your social media content today. Identify any posts using copyrighted music and take them down immediately—even if they’re years old. 

1. Schedule a copyright compliance training session with your marketing team within the next 30 days. Make sure everyone understands the risks and how to avoid them. 

1. Develop a clear approval process for all social media content that includes a specific check for copyrighted materials before anything goes live. 

The time to act is now, not after you’re facing millions in potential damages. My team and I are available to help you navigate these complex issues and develop a social media strategy that builds your brand without putting your business at risk. 

Contact me directly at tshields@kellykronenberg.com to schedule a consultation. Your business has worked too hard to be derailed by an avoidable legal challenge. 

Timothy Shields
Partner/Business Unit Leader, Data Privacy & Technology
Kelley Kronenberg-Fort Lauderdale, FL
(954) 370-9970
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