The Briefing The Crumbl cookie scandal exposing our trademark laws
Oct 4, 2024
A viral marketing stunt in Sydney led to a cookie reselling debacle, sparking outrage and confusion over brand misrepresentation. Legal expert Jahan Kalanter discusses the implications of unauthorized cookie sales, emphasizing the fine line between lawful parallel importing and trademark infringement. The conversation extends to legal battles in the food industry, spotlighting cases like McDonald's and Hungry Jack's, while unraveling the importance of trademark integrity and ethical marketing strategies.
AI Snips
Chapters
Transcript
Episode notes
The Crumbl Cookie Resale Scheme
- Sydneysiders imported 800 Crumbl cookies from the US and resold them at inflated prices in Bondi.
- They used official packaging and marketing, appearing as an Australian affiliate, despite having no connection to Crumbl.
Legal Ramifications of Resale
- Reselling Crumbl cookies under the guise of an affiliate is unlawful.
- It violates trademark and potentially food safety regulations, especially given the lack of proper handling.
Backtracking on Affiliations
- Removing affiliations after being called out offers little legal benefit and might be considered evidence spoliation.
- The sellers' attempts at anonymity are likely futile, as their identities are being investigated.