Recently, influencer, Sydney Gifford is suing fellow, influencer, Alyssa Sheil, claiming misappropriation – this claim exceeds imitation, instead Gifford argues that Sheil appropriated her entire look, including her atheistic and overall brand identity. Gilford has accused Sheil for posting content that mimics Gifford’s “neutral, beige, and cream, aesthetic.”
Gifford is an influencer who has over half a million followers across various online social media platforms. She has collaborated with popular brands, including Amazon Storefront. Before the lawsuit was filed, Gifford and Sheil met at a luxury outdoor mall in Austin, Texas. At the time, they both mutually followed each other. Both influencers met up again at a parking garage in downtown Austin to shoot photos together with the intent to post the content on their respective, individual accounts. Their accounts have similarities – both creators promote content meant to induce their followers to buy items. Furthermore, influencing is their primary occupation.
A Complaint has been filed in the Western District of Texas. In Gifford’s complaint, she highlights the similarity between her account and Sheil’s Amazon Storefront account. A focus of the lawsuit is confusion by Gifford’s followers. She even argues that there has been a noticeable decline in sales of items that she has posted when Sheil posts similar content. Sheil has obtained legal counsel and has subsequently filed a motion to dismiss most of the Complaint’s claims. Sheil’s counsel argued that the claims are unenforceable under the Digital Millennium Copyright Act.
In this modern day and age, being an influencer is a lucrative profession, earning brand deals, while following a creative and rewarding career path. This lawsuit highlights interesting questions regarding the content creating industry. Can an influencer copying or mimicking another’s content, constitute copyright infringement? Recently, this lawsuit has created some buzz and has been widely discussed amongst social media platforms. If it proceeds to trial this could set a precedent in the content creating and influencer space regarding how individuals present themselves online.
For more details, see the recent New York Times article discussing the lawsuit: https://www.nytimes.com/2024/12/05/style/clean-girl-aesthetic-influencer-lawsuit.html?unlocked_article_code=1.gU4.2kGm.q_2ffQ48M-j1&smid=url-share
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