In a first-of-its-kind lawsuit, one TikTok content creator is suing another for copying her “neutral, beige, and cream aesthetic.” After a judge ruled the case should go forward last month, the matter now goes to U.S. District Court for the Western District of Texas for final disposition.
In a lawsuit filed earlier this year, Sydney Nicole Gifford, 24, claims that Alyssa Sheil, 21, replicated her fonts and camera angles, decorated her apartment to match, got a similar haircut, and featured comparable Amazon products on her social media—all after the two met to discuss a potential collaboration.
Both women are Amazon influencers, building careers by recommending products, modeling outfits, and driving impulse buys through affiliate links. For every sale made through these links, they earn a commission. Gifford claims Sheil took their professional overlap too far, blocking her on social media after their meeting and posting content that copied Gifford’s so closely that some viewers couldn’t tell them apart.
“It was brought to my attention by someone who saw [Sheil’s] post on their For You page, thought that it was my post, and then saw that the account name wasn’t my name,” Gifford told The Verge in a recent interview.
In court, Gifford submitted nearly 70 pages of side-by-side comparisons, showing posts where Sheil allegedly mimicked her content. In one example, Gifford showed off gold bow-shaped earrings by sweeping her hair back. Days later, Sheil posted nearly identical photos with the same earrings.
Gifford reported Sheil to Meta, TikTok, and Amazon, for copyright infringement and sent her a cease-and-desist letter. In April, she took things further and filed a lawsuit under the Digital Millennium Copyright Act (DMCA), claiming Sheil’s actions caused her to lose followers, engagement, and sales commissions. Gifford seeks up to $150,000 in damages for “mental anguish” and lost income. She’s also asking for Sheil’s content to be taken down.
However, according to Sheil’s attorney, similarities are simply part and parcel of an industry reliant on trends and aesthetics. “When a store asks multiple influencers to promote it, it’s not surprising that some posts may look the same,” Jason McManis told Bloomberg Law, adding that this does not constitute copyright infringement.
Whatever the outcome, the lawsuit has brought a larger tension from the influencer economy to the foreground. Imitation, while it may not be the sincerest form of flattery, is inevitable online with features like TikTok’s hashtag SEO and Instagram’s Reels Templates allowing creators to directly copy editing choices, sounds, and visuals from one another’s content.
If the lawsuit succeeds, IP attorneys warned that it could lead to a number of similar suits from influencers. Call it inspiration or infringement, but everywhere, sad beige influencers are clutching their Stanley cups close.
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