Puppy Songs creator Matthew Michael Hobbs sues Kroger over a TikTok video he says used his song Cheese Tax

What was filed

The complaint is Document 1 in No. 2:26-cv-12191, U.S. District Court for the Central District of California, filed and dated October 19, 2026. It runs 20 pages. The plaintiff is Matthew Michael Hobbs of Tucker, Georgia, who the complaint says created Puppy Songs, a collection of nearly 200 original songs about life with a dog. The defendant is The Kroger Co., described as an Ohio corporation headquartered in Cincinnati, Ohio, that, the complaint alleges on information and belief, operates stores in the district under the Ralphs and Food 4 Less banners. Counsel is Valkyrie Law Group, P.C. of Chicago, Illinois. Jurisdiction is pleaded under 28 U.S.C. 1331 and 1338, and venue under 28 U.S.C. 1391(b) to (d) and 1400(a). The complaint demands a jury trial. (Compl. paras. 2 to 10; pp. 1, 20.)

What the complaint alleges

It alleges Cheese Tax, a sound recording and musical composition, was first published on February 28, 2023 on Hobbs's @puppysongs TikTok profile as an original sound, went viral, and was used in tens of thousands of user posts. It alleges the song has never been in TikTok's Commercial Music Library and that Hobbs has licensed it to brands through separately negotiated agreements. The complaint quotes TikTok's Commercial Music Library Terms and Music Terms of Service, including the statement that a commercial user should not use an original sound uploaded by another user. (Compl. paras. 34 to 47.)

It alleges that on March 10, 2023, ten days after first publication, Kroger posted a video on its @kroger TikTok page with Cheese Tax as its audio, to promote Kroger, its stores, and products, and that the video received at least 6,231 views. It alleges Hobbs found the video on or about December 2, 2025, sent written notice on March 11, 2026, and that Kroger responded that the song was available to TikTok business account holders when it posted, which the complaint says is false. It alleges Kroger removed the video on or about April 23, 2026 and has not paid Hobbs. The prayers for relief refer to a March 17, 2023 post. (Compl. paras. 48 to 66; pp. 16, 19.)

Registration

The complaint pleads Registration No. SR 973-739, registered March 13, 2023, and says registration within three months of first publication supports statutory damages and attorney's fees under 17 U.S.C. 412(2). The Copyright Office public catalog lists SR0000973739 for Cheese Tax with a registration date of March 13, 2023, a first publication date of February 28, 2023, Matthew Michael Hobbs as author and claimant, and authorship of sound recording, lyrics, and music. (Compl. paras. 40 to 42.)

Counts and relief

Count I alleges direct infringement of the sound recording and Count II direct infringement of the musical composition, each under the exclusive rights in 17 U.S.C. 106, with willfulness alleged under 17 U.S.C. 504(c)(2). The complaint alleges each day the video stayed up was a separate act of infringement, including within the three years before filing, which is the limitations period in 17 U.S.C. 507(b). It seeks declarations, a permanent injunction under 17 U.S.C. 502, impoundment under 17 U.S.C. 503, actual damages and profits under 17 U.S.C. 504(b) or statutory damages up to $150,000 per work under 17 U.S.C. 504(c), an accounting, attorney's fees and costs, and interest. (Compl. paras. 65, 67 to 88; pp. 16 to 20.)