Influencer Sues Rival Influencer for Copying Her "Vibe"
Social media influencer Sydney Nicole Gifford has sued rival influencer Alyssa Sheil for copyright and trade dress infringement in Western Texas Federal District Court, where they both live.
Gifford claims that after a joint photoshoot, Sheil blocked her on social media and began copying her "vibe” and “neutral, beige, and cream aesthetic.” At first, the claim sounds silly, but 70 pages of exhibits attached to the complaint show just how much of Gifford’s content Sheil copied. Shiel’s attorney says that Shiel did not copy her, as social media has a “sea of influencers” with the same look.
We will see if Gifford’s claims are viable.
As for copyright, some of Sheil's posts had previously been removed by the platforms for copyright violations. The trade dress element will be interesting to watch unfold. Trade dress traditionally protects the look and feel of a product or product packaging (which, in legal jargon, kind of does mean "vibe"), but has been extended to things like the interior of a restaurant. To qualify as trade dress, the “look and feel” has to be distinctive enough to serve as a source identifier. In other words, it has to essentially be a brand itself. In this highly subjective analysis, it might not be too far of a stretch for a court to find that the look and feel of a social media influencer’s content does qualify as trade dress.
We included a gallery of a handful of the photos below. All of Shiel’s content was posted after Gifford's. When you look at Gifford’s content, without any other identifying information, can you tell that it’s from her page? When you look at Shiel’s content, does it look like it could be Gifford’s, or do you think it could be from any number of other influencers leaning into the “neutral aesthetic”.
