Crumbl v. Crave jury trial set for Jan. 2024, forensic examination ordered against Dirty Dough

Dec 20, 2022, 4:46 PM | Updated: 4:50 pm
An order of cookies is prepared for a customer at Crumbl in Lehi on Friday, Dec. 21, 2018. (Laura S...
An order of cookies is prepared for a customer at Crumbl in Lehi on Friday, Dec. 21, 2018. (Laura Seitz, Deseret News)
(Laura Seitz, Deseret News)

SALT LAKE CITY —  Court documents show the upcoming timeline of the ongoing Crumbl vs. Crave Cookies trial, along with a joint forensic examination order for Dirty Dough’s digital accounts.

On May 10, Crumbl filed two lawsuits against two other cookie companies, Crave Cookies and Dirty Dough, claiming trademark infringement on their logos and packaging.

Crumbl filed the lawsuits under three plaintiffs, Crumbl LCC, Crumbl IP, LCC, and Crumb Francishing LCC.

Dirty Dough LLC and its founder Bradley Maxwell are listed as two defendants in their lawsuit, with Crave Cookies LLC and Crave Cookies Franchising as two defendants LLC in their case.

Crumbl v. Crave

According to court documents filed on Dec. 19, Crave alleged that Crumbl was impending and making discovery difficult by flooding them with unorganized documents.

“Plaintiffs have produced some 8,000 pages with no organization except that they are consecutively control-numbered,” reads court documents. “For example, there is not even any indication of which of three plaintiffs is producing which documents, which databases or files the different categories of documents come from, or which social media account different documents come from.”

Crave also accuses Crumbl of ignoring their calls and emails for seven weeks to get clarification on the obtained documents.

“Despite numerous follow-up communications and requests from defendants,  plaintiffs have failed to provide a single availability date or to designate the person(s) who will testify on plaintiffs’ behalf and designate the topics as to which each person will testify,” reads court documents.

Crave asked the court to assist with their communication with Crumbl and their representatives.

Magistrate Judge Cecilia M. Romero signed an amended scheduling order for the lawsuit, with the five-day jury trial set for Jan. 8, 2024.

During that time, both parties will serve discovery, submit dispositive motions, motions for expert testimony, and retrial disclosures, according to court documents.

Crumbl v. Dirty Dough

On Dec. 13, the court granted a joint motion for forensic examination of the digital records of Dirty Dough and Maxwell on data containing the word “Crumbl.”

According to court documents, a forensic examination will be done on Dirty Dough’s Google Drive, Slack accounts, Google Workspace email accounts, and all computers and electronic data storage devices like thumb drives and hard drives from the last four years.

The examination will also be done on Maxwell’s personal Google Drive and cell phones.

According to court documents, the plaintiffs and defendants will provide a forensic expert to represent them and oversee the forensic examination. They will present their findings on Feb. 17, 2023.

In November, Maxwell spoke to KSL-TV about two voice memos that Crumbl presented as evidence of Dirty Dough stealing confidential information. At the time, he said the voice memos would help his case and prove they didn’t steal recipes.

Dirty Dough also has been releasing YouTube videos about the lawsuit calling it “Cookiegate,” with other videos having “#UTAHCOOKIEWARS” as their thumbnail.

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Crumbl v. Crave jury trial set for Jan. 2024, forensic examination ordered against Dirty Dough