Kroger wants Sony Music's copyright lawsuit thrown out of federal court. The US grocery giant and 17 related firms are fighting claims that music from Sony's catalog appeared in social media ads without the required licenses.
The case covers at least 392 alleged uses of protected recordings. Sony Music Entertainment and nine related labels accuse Kroger brands and paid influencers of posting videos with music they had no right to use.
But Kroger says the complaint fails to spell out which companies did what. Its lawyers argue that Sony has grouped ten plaintiffs and 19 defendants without linking each alleged violation to a clear rights holder or business.
The defense has given Judge George H. Wu six grounds to dismiss the claims. If that fails, Kroger wants Sony to file a clearer account of its accusations.
Eight of the firms also challenge the choice of California as the place for the case. They include Harris Teeter, Roundy's, Mariano's operator Roundy's Illinois, and Wisconsin businesses linked to Metro Market and Pick 'n Save.
Murray's LIC LLC is part of that group as well, even though its New York restaurant shut down in 2024. The companies argue that their local business activity gives California courts no valid basis to hear claims against them.
One Harris Teeter claim concerns an Instagram Story that stayed live for just 24 hours. Kroger says that brief post does not establish the kind of California connection Sony needs.
Sony points to grocery delivery links with DoorDash and Instacart. Kroger counters that stores in Milwaukee or Chicago are hardly likely to send groceries directly to Los Angeles on short notice.
Even the privacy policy gets pulled into the dispute. Sony cites California notices on company websites, while Kroger says those pages cover 24 states and do not prove a firm actively serves the California market.
A separate Sony dispute with DSW Shoe Warehouse adds some context. Judge Jacqueline Chooljian accepted California jurisdiction over DSW but not its parent, Designer Brands, or Topo Athletic. Those parties later told the court they had reached a tentative deal.
The music catalog itself is another issue. Kroger says Sony's 392-entry list never makes clear which label holds each recording. Its count found 110 entries with no sound recording registration listed.
Those entries include 59 tracks from before 1972, 21 tied to the Berne Convention, and five with pending registrations. Kroger argues that Sony must identify the legal rights behind each claim rather than treat its labels as one unit.
And the dispute goes deeper than paperwork. Kroger points to the Supreme Court's unanimous Cox v. Sony ruling, which rejected liability against Cox Communications for piracy by its users. That case had earlier produced a $1 billion jury award for record labels.
Kroger argues that setting ad goals or giving creative input does not prove it caused a copyright violation. Its marketing units, Kroger Precision Marketing and CB&S Advertising Agency, may guide campaigns, but the defense says that alone is not enough.
Influencer posts bring another legal fight. Sony claims Kroger gained by avoiding music license fees. The grocery company replies that an influencer acting alone would bear that cost, not the advertiser.
Under Sony's view, Kroger argues, any brand hiring a promoter could face liability whenever that person chose music without permission. The defense disputes that such a broad rule fits the law on indirect copyright violations.
There's an older holiday ad in the case as well. Sony cites a license covering The Lovin' Spoonful's Do You Believe in Magic. Kroger says the claim is past the three-year legal deadline, since the agreement ended in 2020.
Another issue involves 50 unnamed defendants in Sony's filing. Kroger wants 40 cut from the case, arguing that local court rules allow only ten such placeholder parties.
Vitacost.com is the one named defendant that did not join this motion. Kroger sold the online retailer to iHerb, leaving the other defendants to pursue the dismissal request.
Both sides have legal teams on the case. Larson LLP and Cushman Partners LLC represent Kroger, while Proskauer Rose LLP acts for Sony.
The hearing is set for January 14, 2027, in the Central District of California. No ruling on the dismissal request has been issued, and Sony's claims remain allegations rather than proven violations.
The case covers at least 392 alleged uses of protected recordings. Sony Music Entertainment and nine related labels accuse Kroger brands and paid influencers of posting videos with music they had no right to use.
But Kroger says the complaint fails to spell out which companies did what. Its lawyers argue that Sony has grouped ten plaintiffs and 19 defendants without linking each alleged violation to a clear rights holder or business.
The defense has given Judge George H. Wu six grounds to dismiss the claims. If that fails, Kroger wants Sony to file a clearer account of its accusations.
Eight of the firms also challenge the choice of California as the place for the case. They include Harris Teeter, Roundy's, Mariano's operator Roundy's Illinois, and Wisconsin businesses linked to Metro Market and Pick 'n Save.
Murray's LIC LLC is part of that group as well, even though its New York restaurant shut down in 2024. The companies argue that their local business activity gives California courts no valid basis to hear claims against them.
One Harris Teeter claim concerns an Instagram Story that stayed live for just 24 hours. Kroger says that brief post does not establish the kind of California connection Sony needs.
Sony points to grocery delivery links with DoorDash and Instacart. Kroger counters that stores in Milwaukee or Chicago are hardly likely to send groceries directly to Los Angeles on short notice.
Even the privacy policy gets pulled into the dispute. Sony cites California notices on company websites, while Kroger says those pages cover 24 states and do not prove a firm actively serves the California market.
A separate Sony dispute with DSW Shoe Warehouse adds some context. Judge Jacqueline Chooljian accepted California jurisdiction over DSW but not its parent, Designer Brands, or Topo Athletic. Those parties later told the court they had reached a tentative deal.
The music catalog itself is another issue. Kroger says Sony's 392-entry list never makes clear which label holds each recording. Its count found 110 entries with no sound recording registration listed.
Those entries include 59 tracks from before 1972, 21 tied to the Berne Convention, and five with pending registrations. Kroger argues that Sony must identify the legal rights behind each claim rather than treat its labels as one unit.
And the dispute goes deeper than paperwork. Kroger points to the Supreme Court's unanimous Cox v. Sony ruling, which rejected liability against Cox Communications for piracy by its users. That case had earlier produced a $1 billion jury award for record labels.
Kroger argues that setting ad goals or giving creative input does not prove it caused a copyright violation. Its marketing units, Kroger Precision Marketing and CB&S Advertising Agency, may guide campaigns, but the defense says that alone is not enough.
Influencer posts bring another legal fight. Sony claims Kroger gained by avoiding music license fees. The grocery company replies that an influencer acting alone would bear that cost, not the advertiser.
Under Sony's view, Kroger argues, any brand hiring a promoter could face liability whenever that person chose music without permission. The defense disputes that such a broad rule fits the law on indirect copyright violations.
There's an older holiday ad in the case as well. Sony cites a license covering The Lovin' Spoonful's Do You Believe in Magic. Kroger says the claim is past the three-year legal deadline, since the agreement ended in 2020.
Another issue involves 50 unnamed defendants in Sony's filing. Kroger wants 40 cut from the case, arguing that local court rules allow only ten such placeholder parties.
Vitacost.com is the one named defendant that did not join this motion. Kroger sold the online retailer to iHerb, leaving the other defendants to pursue the dismissal request.
Both sides have legal teams on the case. Larson LLP and Cushman Partners LLC represent Kroger, while Proskauer Rose LLP acts for Sony.
The hearing is set for January 14, 2027, in the Central District of California. No ruling on the dismissal request has been issued, and Sony's claims remain allegations rather than proven violations.
