Influencer Sues Another Content Creator For Copying Her Posts In First-Of-Its-Kind Lawsuit

Posted: July 23, 2024

A legal battle between two prominent social media influencers in Texas has sparked significant interest within the industry, potentially reshaping the landscape of influencer content protection. Sydney Nicole Gifford, with a substantial following of over 500,000 on social media platforms, has initiated a groundbreaking lawsuit against Alyssa Sheil, accusing her of unlawfully copying Gifford’s TikTok, Instagram, and Amazon Storefront posts.

Gifford, 24, alleges that Sheil, 21, replicated her distinctive “neutral, beige, and cream aesthetics” and promoted nearly identical Amazon products. Court documents detail Gifford’s claim that Sheil duplicated not only the visual style but also the text and overall presentation of Gifford’s online content.

The dispute between the two influencers escalated following a collaborative photoshoot in Austin in December 2022. However, tensions arose in January 2023 when Sheil purportedly blocked Gifford and allegedly began mirroring her content strategy.

Initially, Gifford’s legal team issued cease and desist letters to Sheil, demanding she cease replicating Gifford’s content. Despite these warnings, Sheil continued to post similar content, prompting Gifford to pursue legal action. This lawsuit is notable as one of the first instances where social media influencers have turned to the courts to address content imitation issues.

According to court filings, Gifford’s complaint identifies approximately 30 instances across Sheil’s platforms where content exhibited striking resemblances to Gifford’s posts, including matching styling, camera angles, text, and even video formats. One specific example cited was Sheil’s recreation of Gifford’s visit to The Tox, a local shop in Austin, and a subsequent post featuring a slideshow of Amazon home products shortly after Gifford’s original content.

In response to the legal proceedings, Gifford’s legal team successfully persuaded social media platforms to remove several of Sheil’s allegedly infringing posts. Ultimately, Gifford proceeded with a formal lawsuit in April, seeking both an injunction to prevent further content replication and unspecified damages.

Legal experts, including Tiffany Ferris from Haynes and Boone, anticipate that the outcome of this case could have profound implications for the influencer industry. A favorable ruling for Gifford could set a precedent for future disputes, potentially leading to an increase in lawsuits aimed at protecting digital content creators from unauthorized duplication.

In defense, Alyssa Sheil, represented by attorney Jason McManis, vehemently denies Gifford’s allegations. McManis argues that similarities in content are inevitable in a shared promotional environment and contends that subjective elements like “look,” “feel,” or “vibe” are not legally protected grounds for infringement.

Gifford’s attorney, Kirsten Kumar, emphasizes the importance of safeguarding Gifford’s creative work from unauthorized use, underscoring the need to apply traditional intellectual property principles to modern challenges in online content creation. As the influencer community closely monitors the proceedings, the outcome of this lawsuit stands poised to shape the legal landscape surrounding digital content ownership and protection on social media platforms.