Survival of Influencer’s Suit Threatens More IP Takedown Fights

A federal judge’s decision allowing an influencer’s lawsuit alleging a stolen aesthetic to proceed will embolden content creators to be more aggressive filing takedown requests against competitors, attorneys say.

Judge Robert Pitman last week refused to dismiss Sydney Nicole Gifford’s claims that Alyssa Sheil’s “replicated” photos and videos misappropriated Gifford’s likeness, induced others to infringe her copyrights, and violated a federal law meant to prevent the illegal distribution of protected works online. The court overruled Sheil’s objections to the likeness and Digital Millennium Copyright Act claims, surprising intellectual property attorneys who said they found Gifford’s allegations shoddy.

The two creators ...