THE IP BRIEFINGNEW YORK
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Issue No. 067 · Story 02 · October 21, 2026

Copyright

Cheese Tax Creator Sues Kroger Over TikTok Use

Matthew Michael Hobbs, the creator behind Puppy Songs, sued Kroger in California federal court over an allegedly unlicensed TikTok video featuring Cheese Tax. The October 19 complaint asserts separate copyright claims for the sound recording and the underlying composition. Hobbs alleges that the song was never available in TikTok's Commercial Music Library.

  • §The complaint says Kroger posted the video in March 2023 and removed it in April 2026 after a demand from Hobbs.
  • §Hobbs alleges that Kroger initially said the audio was available to business accounts. He disputes that position and says Kroger used his uploaded original sound.
  • §He seeks damages and injunctive relief. No infringement determination has been made.

THE TAKEAWAY

The case distinguishes an audio clip's availability to ordinary TikTok users from permission to use the same recording and composition in a brand's marketing.

Filing: ESCA Filings

Same issue