A federal lawsuit filed in October 2026 alleges that Kroger and LG used a popular TikTok song titled “Cheese Tax” without securing proper licenses from its original creator. The track, which features a dog-themed melody and went viral in early 2026, was reportedly incorporated into promotional content by both companies. The musician behind the song claims the unauthorized use constitutes copyright infringement, arguing that neither brand obtained permission before leveraging the audio in their marketing efforts.

For creators, this case underscores a growing tension between viral culture and intellectual property law. While TikTok’s ecosystem encourages remixing and reuse, commercial exploitation by brands triggers different legal thresholds. Simply because a sound is widely shared on the platform doesn’t grant corporations the right to monetize it in ads or sponsored content without clearance. The lawsuit highlights how quickly a creator-owned audio clip can shift from community meme to corporate asset—and the legal fallout when boundaries are crossed.

Platform policies offer limited protection. TikTok’s own terms allow users to upload and share sounds, but they do not indemnify third-party businesses that extract audio for external campaigns. Brands assuming immunity from platform norms risk receiving cease-and-desist letters—or worse, facing litigation with potential damages, injunctions, and reputational harm. Sponsorship teams must now vet audio sources as rigorously as visual assets, especially when tapping into user-generated trends.

The broader implication for creator entrepreneurs is clear: virality does not equal public domain. If you’re licensing your own music or sounds, monitor for unauthorized commercial use. If you’re collaborating with brands, ensure contracts explicitly cover audio rights, including derivatives and cross-platform usage. As this case moves through court, it may set a precedent for how courts treat short-form audio in brand-led marketing—making proactive rights management not just wise, but essential.
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