Legal experts have weighed in on a legal dispute between two social media influencers, stating that the outcome of the case could have significant implications for the influencer industry. The case involves Sydney Nicole Gifford, a Texas woman with over 500,000 followers, who has accused another content creator, Alyssa Sheil, of copying her TikTok, Instagram, and Amazon Storefront posts.
According to court records, Gifford claims that Sheil replicated her “neutral, beige, and cream aesthetics” and featured the same or similar Amazon products. Gifford’s legal team sent cease and desist letters to Sheil after the two women initially met with the intention of supporting each other’s businesses. However, following a joint photoshoot, Sheil blocked Gifford and began replicating her content.
Court papers reveal that at least 30 of Sheil’s posts across various platforms exhibited identical styling, tone, camera angles, and text to Gifford’s. Some posts even mimicked Gifford’s visits to specific locations and her product recommendations. Gifford’s legal team sent additional cease and desist letters and successfully lobbied social media platforms to remove the allegedly infringing posts.
In April, Gifford decided to sue Sheil after the copying continued. The lawsuit seeks to prevent Sheil from copying Gifford’s content and requests unspecified damages. Legal experts believe that the outcome of the case could have far-reaching consequences for the influencer industry. Tiffany Ferris, a partner at international law firm Haynes and Boone, stated that a victory for Gifford could lead to an influx of similar lawsuits, making it difficult for influencers to create their content.
However, Sheil’s attorney, Jason McManis, vehemently denies the allegations and argues that the case lacks merit. He points out that influencers in the same area often promote the same products and storefronts, so similarities in posts should not be surprising. McManis emphasizes that concepts like “look,” “feel,” or “vibe” are not protectable and expresses confidence in vindicating Sheil from the accusations.
Both Gifford and Sheil’s attorneys have presented their arguments, highlighting the significance of the case in applying traditional legal principles to modern challenges surrounding online content creation. The dispute between the two influencers has attracted attention due to its potential impact on the influencer industry, and legal experts are closely monitoring the proceedings.
