Crumbl Cookies sues two competitors over ‘confusingly similar’ branding

The Utah-based cookie company Crumbl Cookies filed federal lawsuits against two competitors, accusing them of copyright infringement.

The lawsuits were both filed in Utah on May 10. One of the lawsuits is against the Arizona-based company Dirty Dough, and the other is against another Utah-based company, Crave Cookies, court documents show.

Crumbl Cookies, Crave Cookies and Dirty Dough did not immediately respond to requests for comment from McClatchy News.

The lawsuit against Dirty Dough alleges that a “Crumbl insider” left the company in 2019 and started the company afterward. Dirty Dough “sells and promotes cookies using packaging, decor, and presentation that is confusingly similar to Crumbl’s established and successful trade dress and brand identity,” the lawsuit says.

The use of similar packaging, decor and presentation occurs “all to Crumbl’s harm and to Dirty Dough’s unjust enrichment,” the lawsuit says .

The lawsuit against Crave makes similar accusations. In court documents, Crumbl said it rejected an application from Crave to become a franchisee in November 2019. After that, Crave began using branding similar to Crumbl, a move that the latter company called “an effort to ride the coattails of the valuable goodwill, reputation and brand identity associated with Crumbl.”

In both lawsuits, Crumbl says it has a “distinctive” business model: In addition to its storefronts, the company also has a delivery service, sells ice cream and other bakery items, and packages its cookies in “unique oblong pink boxes.”

In its lawsuit against Dirty Dough, Crumbl accuses the company of using a logo featuring a drawing of a cookie with a bite taken out of it and says the drawing is too similar to Crumbl’s own logo. The lawsuit also says that Dirty Dough’s presentation of its products on social media and in marketing materials is too similar to Crumbl’s.

“The problem for Dirty Dough, however, is that at the time it began operating a cookie business substantially similar to Crumbl’s business, Crumbl had already been operating its gourmet cookie business, including under the Registered Marks and the Crumbl Trade Dress, for years,” the lawsuit says.

The lawsuit against Crave also accuses the company of using an image of a cookie with a bite taken out of it, but adds that Crave’s name and logo are also too similar to Crumbl’s. Crumbl also accused Crave of photographing, packaging and presenting its products in a way too similar to Crumbl.

Because the two companies were started by people who were “no stranger” to Crumbl, the company believes Crave and Dirty Dough could have misled customers into believing that they were affiliated with Crumbl in some way, court documents said.

Dirty Dough told KSL TV that the company was started in 2018, not 2019. It also told the outlet that the employee who was previously affiliated with Crumbl was not involved with the formation of Dirty Dough.

The lawsuits seek monetary relief and injunctions against both companies, court documents show.

This story was originally published July 11, 2022 at 7:08 PM with the headline "Crumbl Cookies sues two competitors over ‘confusingly similar’ branding."