Back in July 2024, we reported that Texan influencer Sydney Nicole Gifford filed a lawsuit against Alyssa Sheil in the District Court for the Western District of Texas on the basis that Sheil had allegedly infringed her copyright by copying her ‘aesthetic’ on Instagram and other social media platforms. A filing with the court from 28 May 2025 revealed that the parties have now agreed for the claim to be dismissed as per a settlement agreement reached between them.
Gifford had originally claimed that she believed Sheil’s intention was to look so similar to her and copy her posts so similarly that she could profit off her business. She also claimed that, on a number of occasions, Sheil had copied her videos down to the exact shot.
The case sparked interest among those working within the IP and influencer sectors as the infringement of an influencer’s ‘aesthetic’ is not something that has ever been considered judicially. Therefore, any judicial commentary in this area would have acted as useful guidance going forward. Nevertheless, the fact that a settlement agreement was reached in this instance means that this area of law will remain somewhat uncertain for now.
The filing details that each party is to bear their own costs for litigation to the point of settlement and it is reported that the settlement contained no damages payment to Gifford. Gifford’s attorney stated that the settlement is not a reflection of the claims’ merit but was a decision made due to a change in Gifford’s priorities.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
