Influencer drops lawsuit alleging rival creator copied her videos

NBC News

a day ago

Influencer Sydney Nicole Gifford said in a TikTok video on Thursday that she has withdrawn her lawsuit against fellow content creator Alyssa Sheil, ending a case that had become closely watched over its possible ramifications for the broader internet content ecosystem.
The move comes more than a year after Gifford first sued Sheil, claiming that Sheil had not just stolen the look and style of her videos but sometimes copied them down to the shot.
'She would change her hair soon after I changed mine and even got a similar tattoo after I posted mine, so in mirror photos where our faces were covered, it all of a sudden looked even more similar to me with that tattoo,' Gifford said in her TikTok video. 'I believe her intention was to look so similar to me and copy my posts so similarly so she could profit off my business.'
She also clarified her intention was not to sue simply over aesthetics, but rather over alleged 'copyright infringement, Digital Millennium Copyright Act (DMCA) violation, trade dress infringement, misappropriation, and vicarious copyright infringement.'
Arguments between influencers copying or stealing content from each other typically play out in the digital court of public opinion and rarely, if ever, make it to the actual judicial system. Aesthetics on social media are recycled and reinterpreted so often that it's nearly impossible to lay claim to owning a look or style online.
Gifford's lawsuit sought to take the issue into the courtroom, attempting to apply laws typically used by traditional media to the relatively lax world of influencer content.
The look at the heart of the now-dismissed suit is a minimalist, polished style that is sometimes referred to as the 'clean girl' aesthetic. Gifford, whose videos touch on everything from being a mother to fashion and shopping, has amassed more than 956,000 followers between her Instagram and TikTok accounts.
Sheil, who posts similar content, has more than 162,000 followers across her Instagram and TikTok.
Gifford said she sent many requests for Sheil to stop — from emails to cease-and-desist letters — before suing Sheil in April 2024.
Shahmeer Halepota, an attorney for Sheil, said Gifford walked away from the case with no settlement or financial compensation.
'Ms. Gifford's surrender and settlement for $0 confirms that her allegations were meritless and her claims of inventorship were worthless,' Halepota said.
Thomas Frashier, another attorney for Sheil, said his client has set a 'major precedent' for influencers and social media personalities.
'This is a huge win for content creators everywhere who shouldn't have to fear about being bullied out of the industry by the threat of meritless lawsuits like this one,' he said.
However, Gifford's attorney Kirsten Kumar said her client's case was not without merit, but that she simply didn't have the bandwidth to continue with the litigation.
'I have been working with Sydney since nearly the beginning of this case,' Kumar said. 'I know how strongly she feels about her claims and that the decision to stop litigating is not a reflection of their merit. But priorities can change: Since filing suit, she has gotten married, welcomed her first child and moved out of state.'