Influencers Settle Novel Vibe-Theft Copyright Lawsuit for $0 (2)

Content creators embattled in a copyright lawsuit over a “neutral, beige, and cream aesthetic” settled Wednesday, according to a filing in a Texas federal court.

Alyssa Sheil “will be paying nothing” to end Sydney Nicole Gifford’s lawsuit accusing her of replicating her photos and videos on social media platforms by imitating her outfits and poses, Sheil’s counsel at Ahmad, Zavitsanos & Mensing PLLC said in an emailed statement. The parties filed a stipulation of dismissal, with prejudice, in the US District Court for the Western District of Texas.

The lawsuit between two creators, each with hundreds of thousands of followers, raised novel questions about the application of copyright and trade dress laws to social media aesthetics. An outcome in Gifford’s favor could have enabled influencers to wield IP rights for control of certain markets on social media platforms by owning color schemes or types of photos.

“I could have caved to Ms. Gifford’s demands, but this was a much larger fight and sets a precedent that young minority entrepreneurs will not allow ourselves to be bullied,” Sheil said in a press release. “Ms. Gifford attempted to intimidate me into leaving this industry. She failed miserably as the truth has prevailed today.”

Gifford “decided to resolve this dispute prior to trial in order to focus on her business and growing family and to avoid the substantial additional expenses associated with litigation,"Gifford’s counsel Kirsten Kumar of Kumar Law Firm PLLC said in an emailed statement. “She hopes that this case has shed light on what is inappropriate within the creator industry and the need for the law to evolve to better protect content creators.”

Gifford claimed Texas-based Sheil blocked her on Instagram and TikTok after a 2023 joint photo shoot and began copying her posts and aesthetic. After Sheil allegedly rebuffed cease-and-desist letters, Gifford filed the first-of-its kind federal lawsuit in 2024.

The lawsuit claimed Sheil made at least 20 Instagram posts, 19 TikTok posts, and 12 Amazon storefront posts that “directly replicate the products, poses, and/or styling” of Gifford, causing her to lose followers, user engagement, and sales commissions. Gifford defined her trade dress as the “promotion of products only falling within the monochrome cream, grey, and neutral-beige color scheme; styling of products in modern, minimal backdrops.”

Gifford brought claims of direct and vicarious copyright infringement, trade dress infringement, misappropriation of her likeness, and violations of the Digital Millennium Copyright Act.

The court denied Sheil’s motion to dismiss most of the claims in December. The creators attempted but failed to settle the suit at mediation in April.

Because Sheil had already served an answer and the case had been pending for nearly a year, Sheil’s counsel said Thursday that Gifford needed Sheil’s approval to surrender and non-suit her case.

“Even though our client was entirely in the right, it is rare to secure a win like this where the plaintiff has to ask you for permission to give up,” Ahmad, Zavitsanos & Mensing’s Jason McManis said in the press release, noting the agreement contains no restrictions on Sheil’s “right to expose the truth.”

The case is Gifford v. Sheil, W.D. Tex., No. 24-cv-00423, stipulation of dismissal filed 5/28/25.