3 Count: Cookie Crumbl

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1: Cookie Giant Crumbl, Reportedly Eyeing $2bn Sale, Sued by Warner Music Group Over ‘Massive Scale’ Copyright Infringement in TikTok Posts

First off today, Mandy Daludug at Music Business Worldwide reports that Warner Music Group (WMG) has filed a copyright infringement lawsuit against the cookie chain Crumbl, alleging infringement of at least 159 songs.

According to the complaint, Crumbl used the songs in promotional videos uploaded to TikTok and Instagram. The company has a combined 16 million followers on those platforms. WMG alleges that the videos used music from Dua Lipa, Bruno Mars, Lizzo, Taylor Swift and more.

The lawsuit is the latest in a slate of similar cases over the use of music in social media videos. The restaurant chain Chili’s is facing a similar lawsuit from Universal Music Group, and Marriott Hotels are facing a lawsuit from Sony Music.

2: SC’s Copyright–Design Judgment Redraws IP Compliance Strategy for Industrial Sectors

Next up today, the Economic Times reports that, in India, the Supreme Court has issued a ruling that clarifies the distinction between works protected by copyright and those protected under the Designs Act. This will most directly impact those who use or create technical drawings.

The court created a “twin test doctrine” for determining which act a work falls under. The first test looks at whether it is a copyright in an artistic work or otherwise derived from an artistic work. The second examines the “functional utility” of the work to determine its dominant use.

The biggest impact will likely be felt by businesses that create or use technical drawings. Due to the limited protection under the Design Act, these fields have historically used copyright to protect their works. However, that will likely be more difficult moving forward under this new test.

3: Mariah Carey’s Copyright Accuser Says Repaying Her ‘All I Want For Christmas’ Legal Bill Could Ruin Him

Finally today, Bill Donahue at Billboard reports that lawyers representing Vince Vance say that a large damages award against him would be unfair and risk bankrupting an “elderly man now without vast resources.”

Vance, whose real name is Andy Stone, sued Carey in 2022. He alleged that Carey’s 1994 hit song All I Want for Christmas is You is an infringement of his 1989 song by the same name. Carey, however, defeated the lawsuit after a judge determined that the only similarities the works shared was the title and theme.

Carey is now seeking $186,000 in attorneys’ fees and costs. However, lawyers representing Vance say such an award would be disproportionate and cause their client to go bankrupt. Lawyers for Carey said that the lawsuit was “frivolous” and that Vance should be held accountable.

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