In The New York Times story “Can You Copyright a Vibe?” reporter Sandra E. Garcia writes about two Texas influencers, one an AZA client, fighting an unprecedented legal battle in Austin federal court over their online similarities.
AZA lawyers represent Alyssa Sheil, who was sued by another Instagram and TikTok poster who alleged that their hairstyles, clothes and poses are so similar in posted photos that there must be some copying going on. Both women make a living hawking items like clothing, furniture and tumblers in posts that link to their online storefronts, so they get credit for people's purchases.
Reporter Garcia wrote: “What might appear to be a superficial spat over sweaters and hairstyles could actually be a legal fight that gets at the heart of social media influence. The very nature of successful trendsetting requires some degree of replication. As much as platforms like TikTok and Instagram may seem like free-for-alls, lifestyle influencers exist in an ecosystem that prizes homogeneity — one of the surer ways to appease the algorithms that are the ultimate arbiters of their success online.”
Ms. Sheil told The New York Times that Sydney Gifford’s claims about her posts were unfounded and, as an influencer, she found them deeply upsetting. “This is how I make my living, and not only that, this is my personal brand,” Ms. Sheil said in an interview. “I kind of feel like I need to defend myself.”
Last month, Law360 reported that federal magistrate judge declared that this "feud between social media influencers" is the first of its kind in the country, as it is an intellectual property dispute over replicating a rival's "neutral, beige, and cream aesthetic."
Ms. Sheil this month argued that the case, already partially dismissed by that magistrate, should be completely tossed out. She argued the allegations are too vague to meet legal standards and are "threadbare assertions without any supportive factual allegations as to what makes any of her 'outfits, poses, hairstyles, makeup and voice' supposedly distinctive among all other influencers on Amazon, Instagram, TikTok or elsewhere."
She also said the federal court should reject Gifford's misappropriation claim because it failed to say exactly what sets her apart on social media in the way the case law requires, citing cases involving Michael Jackson, "Wheel of Fortune" co-host Vanna White and race car driver Lothar Motschenbacher.
Ms. Sheil is represented by AZA partners Jason McManis and Shahmeer Halepota, and associates Sujeeth Rajavolu and Thomas Frashier.
The case is Sydney Nicole LLC et al. v. Alyssa Sheil LLC et al., case number 1:24-cv-00423, in the U.S. District Court for the Western District of Texas, Austin Division.
AZA, or Ahmad, Zavitsanos & Mensing, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, healthcare, intellectual property and business dispute cases. AZA is recognized by Chambers USA 2024 as among the best in Texas in commercial law and intellectual property; has been listed by Best Lawyers’ Best Law Firms as one of the country’s best commercial litigation firms for 13 years; has been named Litigation Department of the Year by Texas Lawyer three times; and was previously dubbed a Texas Powerhouse law firm by Law360.