ViralAllegations Warm tea

Puppy Songs’ Cheese Tax creator is suing Kroger and LG over the viral sound

Matthew Hobbs says both brands used the TikTok dog song in 2023 videos without a license; LG declined to comment and Kroger hadn't responded.

Photo: JBTHEMILKER, CC BY-SA 4.0, via Wikimedia Commons. Illustration: NewsThat.Rocks

The tea in 3

  1. Matthew Hobbs, behind the Puppy Songs TikTok account, filed two federal copyright suits on Oct 19 against Kroger and LG.
  2. The suits allege both brands used "Cheese Tax" in March 2023 TikTok videos without licenses; both videos came down in April.
  3. Hobbs seeks damages from both, plus damages from LG over alleged removal of copyright management information. LG declined to comment.

The guy behind the “Cheese Tax” dog song is suing two big brands. Matthew Hobbs, who runs the Puppy Songs TikTok account, filed two federal copyright lawsuits on Monday, Oct 19, one against Kroger and one against LG Electronics, according to Billboard, which first reported the filings.

Everything below is what the lawsuits claim. These are allegations, not findings by a court.

The song you already know

If you have a dog, you know the drill: the cheese drawer opens, the dog appears, and you owe a “tax.” Hobbs posts original songs about dogs to more than 800,000 followers on Puppy Songs. Billboard says “Cheese Tax” went viral in March 2023 and has been used in tens of thousands of TikTok videos.

800K+Puppy Songs followers
2federal suits
Oct 19date filed

What the lawsuits allege

  1. “Cheese Tax” blows up on TikTok. Per the suits, Kroger uses it in a social ad and LG uses it in a video of a dog next to an open LG fridge.
  2. Both videos come down after Hobbs’ lawyers send legal demands, according to Billboard.
  3. Hobbs files suit. He says he still has not been paid.

Hobbs seeks damages from both companies for copyright infringement. He also seeks damages from LG for the alleged unauthorized removal of copyright management information, the credit-and-ownership data attached to a work.

The Kroger complaint says the video stayed public on its commercial TikTok page for more than three years, and argues that each day it stayed up counted as a separate act of infringement.

An LG rep declined to comment, per Billboard. Reps for Kroger had not responded to Billboard’s request for comment on Oct 20.

Why a brand can’t just use the trending sound

This is the part that matters if you post on TikTok. Billboard explains that under TikTok’s terms, regular accounts can use sounds from the in-app library for free in personal posts. Business accounts are limited to a narrower commercial music library unless they buy synch licenses directly from rights holders.

Hobbs says his music has never been in that commercial library. He also says he has done licensing deals with brands like BarkBox, Purina, Petco and DoorDash, so, in his telling, there was a way to do this properly.

Why it matters

A sound being everywhere on your For You page does not mean a brand account can use it. Personal and commercial use follow different rules.

Not the first time

Billboard says music rights holders have increasingly gone after unlicensed music on corporate social accounts, and many cases settle privately. Chili’s, Marriott, Crumbl and EssilorLuxottica have all ended up in litigation over it. It is also the second such suit against Kroger in two months: Sony Music sued the grocer in August over TikTok and Instagram posts featuring songs by Harry Styles, Mariah Carey, Miley Cyrus and SZA.

What happens next

Both cases are at the start, and no damages figure has been reported. Neither company has publicly answered the claims. Tubefilter’s weekly roundup picked up the story on Oct 23, noting that dog owners know the cheese tax has to be paid.

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