Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 25, Issue 2
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The Great Beige-Off: Influencer Sues for ‘Vibe’ Infringement
By Kristyn Webb
Influencer Sydney Nicole Gifford has sued another influencer, Alyssa Sheil, for copyright infringement after Sheil posted images similar to Gifford’s images on various platforms like Instagram, TikTok, Amazon Storefront, and Bio.Site. Gifford claims, among other things, that Sheil copied over 60 of her social media posts, replicating the aesthetic and content of Gifford’s brand. This includes the neutral, beige, and cream color scheme that is central to Gifford’s brand identity.
Generally, copyright protects the specific expression of ideas, such as the arrangement and presentation of visual elements, but it does not protect general concepts or styles. A key issue in this case is whether Sheil’s posts are sufficiently similar to Gifford’s original works to constitute copyright infringement. Gifford claims that Sheil’s posts are nearly indistinguishable from her own, suggesting that Sheil copied the specific expression of Gifford’s beige aesthetic rather than merely adopting a similar style. Sheil, on the other hand, argues that her “clean girl” aesthetic predates Gifford’s appearance on the fashion scene, and that Gifford’s allegations of copying are nothing more than a manifestation of Gifford’s jealousy over Sheil’s success.
So far Gifford has managed to avoid having her copyright-related claims dismissed outright. However, this case is in early stages, so we will have to wait and see which influencer has more persuasive power with the court. In the meantime, the complaint is online, with side-by-side comparisons of the posts. Take a look and send us your thoughts on who, if anyone, should win the title for “Most Basic.”
Kristyn Webb is an attorney with Fishman Stewart’s Copyright Practice Group, and holds a master’s degree in copyright law from King’s College London.
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