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SALT LAKE CITY — One cookie in the Utah cookie wars has crumbled as Orem-based gourmet cookie company Crumbl dismissed its lawsuit against competitor Crave.
Crumbl sued rivals Crave and Dirty Dough in May 2022 for what it calls "confusingly similar" logos, websites and other marketing materials. But on Wednesday, Crumbl filed a stipulation to dismiss all claims against Crave.
The stipulated order of dismissal was signed by a U.S. District judge on Thursday that said upon the joint motion of Crumbl and Crave, all claims are dismissed and the case is closed. A specific reason for the dismissal was not given.
"Crumbl and Crave have reached an amicable settlement to a trademark and trade dress infringement dispute. Crumbl and Crave are pleased that they have been able to work together to resolve this dispute and each remains dedicated to serving its customers with excellence. Crumbl and Crave wish each other success in their future endeavors. The parties have agreed that the terms of the settlement are confidential," Crumbl said in a statement provided to KSL.com.
Crave founder Trent English said he is excited for the companies to move past the lawsuit and focus on cookies.
"We're thrilled to put this last year behind us while refocusing our energy on doing what we do best — crafting delicious, memorable experiences for our incredible customers. We are beyond grateful to everyone who has continued to support us," English said.
Crumbl's lawsuit against Dirty Dough remains active.
The lawsuits against both companies detail the websites, packaging and menu features they believe Crave and Dirty Dough have taken from them. They include header sections with close-up pictures of cookies; a cookie logo with a bite taken out of it; long boxes that perfectly fit cookies side by side; and similar cookie recipes and presentation, such as key lime cookies with white frosting and lime wedges on top or sugar cookies made with fruity cereal.
The lawsuits also claim that both rival businesses have copied Crumbl's "unique weekly rotating menu concept."
The suit filed against Crave also alleged that English toured a Crumbl location and even applied to be a franchisee shortly before starting his own business in 2019.
"The fact that Crave was founded by a former Crumbl applicant with knowledge of Crumbl's business and brand identity shows that Crave was clearly aware of Crumbl and the Crumbl trade dress," the lawsuit states.
Crave filed a response to the lawsuit on June 8, denying that English ever applied for or was denied a Crumbl franchise. It also denies that Crave is in violation of any intellectual property rights.
Meanwhile, the lawsuit against Dirty Dough accuses the company of copying recipes, claiming the founder's brother is a former Crumbl employee.
Dirty Dough experienced an increase in sales since being sued by Crumbl, Dirty Dough founder Bennett Maxwell told KSL in November 2022, calling the lawsuit "the best thing that could have happened to us."
In July 2022, Dirty Dough launched a series of billboards highlighting the lawsuit. One reads, "Cookies so good we're being sued!" while another says, "We don't file lawsuits, we just have better cookies!"
Dirty Dough, however, asked to file a counterclaim in April, saying the legal battle has cost Dirty Dough money. The counterclaim starts by pointing out that Crumbl has "hundreds of locations," generating "hundreds of millions of dollars in revenue" each year while Dirty Dough, as a small startup, had just three locations when the lawsuit was filed.
Dirty Dough's website now says it has 30 open locations, with almost 60 more on the way.
Dirty Dough alleges that Crumbl caused it financial harm by filing the lawsuit, including loss of investors, inability to obtain loans, legal costs and increased vendor costs. The counterclaim states that the two companies were neither the first nor the only companies to sell fresh cookies in fitted boxes, from brightly lit or modern stores, for delivery or in rotating menus.
Dirty Dough said the two companies had a business relationship that "soured and ended" after Crumbl filed its lawsuit more than a year ago.
