07 January 2025
A Bondi pop-up store caused a stir by selling cookies from U.S. brand Crumbl Cookies, but it was later revealed to have no official connection to the company. Here’s what happened and the lessons businesses can learn about brand protection:
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What Happened:
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The pop-up store advertised itself using Crumbl branding, including trade marks and logos.
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It sold cookies imported from Crumbl’s Hawaii store for AUD $17.50 each.
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Customers were disappointed by the freshness and quality, leading to public backlash.
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Crumbl clarified on social media that it had no affiliation with the pop-up.
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Legal Considerations:
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Parallel Importing: Reselling legitimate goods is allowed if they retain original packaging, but using trade marks in advertising without authorisation can lead to infringement claims.
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Trade mark Infringement: Unauthorised use of logos or branding in marketing can violate intellectual property rights.
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Australian Consumer Law: Misleading claims about affiliation or approval are prohibited.
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Lessons for Businesses:
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Register Trade marks Early: Secure word marks and logos in Australia to protect your brand.
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Maintain a Local Presence: Even minimal operations can establish reputation and guard against non-use claims.
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Monitor the Market: Regularly check for unauthorised use of your brand to prevent reputational damage.
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Proactively Defend Your Brand: Take swift action against misuse to protect goodwill and long-term growth.
Crumbl has chosen not to pursue legal action and plans to enter the Australian market officially, but this case underscores the importance of proactive brand management and trade mark protection.
