Crumbl Cookies recently went viral on TikTok after a pop-up shop in Australia showcased the iconic cookies. The event gained traction as social media posts spread across the city, attracting eager cookie fans. However, many were surprised to discover that this pop-up was not affiliated with the Crumbl brand.
The Pop-Up Experience
The popular American cookie chain Crumbl is known for its rotating selection of delicious cookies. On September 20th, Crumbl Cookie Sydney announced a pop-up shop to give Australians a taste of these famous cookies. The Sydney-based company imported nearly $4,000 worth of cookies, which retail in the U.S. for about $5 each, and sold them for $17.50 each at their shop in North Bondi.
After the event, many patrons felt deceived upon learning the pop-up was not sponsored by Crumbl. Customers expressed dissatisfaction regarding the cookies’ freshness, pricing, and the overall portrayal of the event. In response to the backlash, Crumbl Cookie Sydney sought to clarify its intentions, stating they simply wanted to introduce Crumbl to Australia.
Photo: Tik Tok @crumblsydney
Intellectual Property Concerns
While the company aimed to celebrate Crumbl, the event raises serious questions about potential infringement on Crumbl’s intellectual property. They asserted that they did not use any of Crumbl’s trademarks in their promotions and never claimed to be an official Crumbl store. Additionally, they stated that the name “Crumbl Cookie” was permissible in Australia due to the trademark being available.
It’s important to note that Crumbl IP, LLC, the U.S. parent company, has filed an application in 2022 to register the “CRUMBL” trademark in Australia for bakery goods, including cookies. Sydney-based attorney Nils Versemann emphasized this point. The pop-up company claimed they could import and resell the cookies as parallel imports, which refers to products brought into Australia without the manufacturer’s specific permission, according to the Australian Competition & Consumer Commission. While Crumbl Cookie Sydney believes they operated within legal boundaries, they may have breached Crumbl Cookies’ terms and conditions.
Photos: Crumbl Cookies
Want to learn more about filing your own trademark application? Need assistance? Feel free to call or email us at (713) 364-4796 or admin@madan-law.com.