A groundbreaking legal battle between two Texas-based social media influencers could set a precedent for online content creation and intellectual property rights.
Sydney Nicole Gifford, a 24-year-old influencer with over 500,000 followers, has filed a lawsuit against fellow content creator Alyssa Sheil, 21, alleging copyright infringement and unfair competition in a case that experts say could “change the influencer game as we know it.”
Allegations of Copying Aesthetic and Content
According to court filings in the U.S. District Court for the Western District of Texas, Gifford accuses Sheil of copying her distinctive “neutral, beige, and cream aesthetics” and duplicating promotional content featuring Amazon products across TikTok, Instagram, and Amazon Storefront.
The lawsuit contends that Sheil’s posts, including text, styling, camera angles, and video compositions, were “substantially similar” to Gifford’s original content.
The two influencers initially met in Austin, Texas, in December 2022 with the intent of supporting each other’s business ventures.
However, following a joint photoshoot in January 2023, Sheil allegedly blocked Gifford online and began replicating her content.
The lawsuit claims Sheil made at least 30 social media posts that were “identical in styling, tone, and concept” to Gifford’s, including a promotional post about Amazon home products and a visit to a local wellness shop, The Tox.
Legal Action and Industry Implications
Gifford initially attempted to resolve the matter through cease-and-desist letters and successfully petitioned social media platforms to remove several allegedly infringing posts.
When Sheil continued to post similar content, Gifford filed her lawsuit in April, seeking a court order barring Sheil from further copying and requesting unspecified damages.
Tiffany Ferris, a partner at international law firm Haynes and Boone, noted that if Gifford prevails, the ruling could have widespread ramifications for the influencer industry.
“A victory would mean a flood of similar suits, which would make it remarkably difficult for influencers to create their content,” Ferris, who is not involved in the case, told New York Post.
She pointed out that while disputes over originality frequently arise in the influencer community, they rarely make it to court.
Kirsten Kumar, Gifford’s attorney, stressed the case’s broader significance:
“Ms. Gifford’s goal is to protect her work from being infringed upon by an imitator. This case is significant because it asks the court to apply longstanding principles of the law to modern-day challenges surrounding online content creation.”
Defense and Industry Response
Sheil’s attorney, Jason McManis, has denied all allegations, arguing that similarities between the influencers’ content are coincidental.
“These are two influencers who live in the same area, being asked to promote many of the same products and storefronts. When a store asks multiple influencers to promote it, it shouldn’t surprise anyone that some posts may look the same. That doesn’t make it infringement or misappropriation,” McManis stated.
He further contended that abstract concepts such as “look, feel, or vibe” are not legally protectable.
