From a strict copyright standpoint, if Brand A and Brand B both pull a track from the Commercial Music Library, neither brand can sue the other for copyright infringement. Both parties hold valid commercial audio rights granted under TikTok's standard business terms. However, intellectual property law does not stop at the boundaries of copyright.
When an ad sound becomes intrinsically tied to a specific company's advertising campaign, such as a distinctive sonic logo, a bespoke jingle, or an audio hook paired with a distinctive slogan, using that sound can cross into false endorsement and unfair competition under Section 43(a) of the Lanham Act. If a consumer scrolls through their feed, hears the audio, and mistakenly assumes Brand B's discount apparel ad originates from Brand A's luxury storefront, Brand A has grounds to assert trademark infringement and commercial confusion.
Courts examine whether an audio asset has achieved "secondary meaning", a psychological link in the consumer's mind connecting the sound directly to a single commercial source. Proving secondary meaning for a viral club track pulled from a stock directory is an uphill battle. Even so, the discovery process, legal defense fees, and platform takedown notices can drain a marketing team's budget long before a judge issues a ruling.
