Gifford v. Sheil: Can an Influencer Own an Aesthetic?

By: Shoham Lewin

As an increasing number of companies use social media influencers as part of their marketing strategy, the influencer industry is valued at approximately $250 billion.[1] Within this multi-billion dollar industry, influencers compete for lucrative brand deals, each using their aesthetic to distinguish themselves.[2] A recent case out of Texas has raised the question of whether these creators legally own their social media aesthetic and, consequently, whether they can utilize intellectual property law to stop other creators from using that same aesthetic.[3]

In April 2024, influencer Sydney Gifford sued fellow creator Alyssa Sheil for copyright infringement.[4] Gifford contends that Sheil’s social media posts feature photos with the same products, styling, and camera angles as her images, essentially claiming that Sheil misappropriated her aesthetic by stealing these elements from her social media posts.[5] Magistrate Judge Dustin M. Howell of the United States District Court for the Western District of Texas issued an opinion recommending that this case proceed to the discovery phase of trial.[6] Judge Howell characterized this suit as a landmark case, a first-of-its-kind suit about replicating a social media aesthetic.[7]

Determining whether an aesthetic has been copied is problematic since an aesthetic combines many hard-to-define and intangible elements, such as lighting, tone, or presentation.[8] This case’s challenging central question is: What parts of a social media aesthetic are protected under intellectual property law?[9]

The answer to this question may change the way influencers approach content creation.[10] If the court sides with Gifford, it would create a precedent for creators to claim ownership over their aesthetic.[11] This could lead to many lawsuits testing the boundaries of this ownership, with creators trying to assert ownership to prevent others from creating content that they view as encroaching on their aesthetic.[12] If this is the outcome of the case, influencers will likely have to get more creative in distinguishing their content from others.[13]

On platforms like TikTok and Instagram, influencers can often be seen wearing similar clothes, lounging on similar furniture, linking to similar products on Amazon, and creating content with the same “vibe.”[14] TikTok, in particular, thrives on trends, such as dance challenges or sounds, used by creators across the platform.[15] Creators, including companies, jump on these trends to gain followers and exposure since the algorithm promotes posts that align with trends.[16] On Instagram, users can point to a few popular trending aesthetics that many influencers portray in their content, such as home aesthetics like “minimalist luxe”[17] or fashion aesthetics like “tomboy chic.”[18]

How will the social media landscape, currently filled with creators promoting similar aesthetics, change if creators can assert ownership over an aesthetic? Will creators have to produce content with a highly unique aesthetic? As content consumers, we may be better off seeing more varied and creative content than viewing loads of posts touting the same style with the same visual elements. I would argue that, as a society, we may benefit from more individualized visual expression on social media.

 

Link to image source:

https://www.pinnaclecart.com/blog/wp-content/uploads/2015/10/social-media-.jpg

[1] Danielle Chemtob, The $250 Billion Influencer Economy is Booming, Forbes: Forbes Daily (Oct. 28, 2024, 8:10 AM), https://www.forbes.com/sites/daniellechemtob/2024/10/28/forbes-daily-the-250-billion-influencer-economy-is-booming/.

[2] “Don’t Steal My Aesthetic”: First-of-its-kind Influencer Lawsuit, https://www.munckwilson.com/news-insights/influencer-legal-battle-gifford-v-sheil/ (last visited Sep. 26, 2025).

[3] Id.

[4] Annelise Levy, Influencer Should Face Creator’s Vibe-Copying Suit, Judge Says, Bloomberg Law (Nov. 18, 2024, 10:29 AM), https://news.bloomberglaw.com/ip-law/influencer-should-face-creators-vibe-copying-suit-judge-says.

[5] Id.

[6] Id.

[7] Dustin M. Howell, Report and Recommendation of the United States Magistrate Judge, Bloomberg Law: Court Dockets (Nov. 15, 2024), https://www.bloomberglaw.com/public/desktop/document/GiffordetalvSheiletalDocketNo124cv00423WDTexApr222024CourtDocket/4?doc_id=X5DC7IFJ6M18G79AQ3P54V0ILM6.

[8] “Don’t Steal My Aesthetic”: First-of-its-kind Influencer Lawsuit, supra note 2.

[9] Sandra E. Garcia, Can You Copyright a Vibe?, The New York Times (Dec. 5, 2024), https://www.nytimes.com/2024/12/05/style/clean-girl-aesthetic-influencer-lawsuit.html.

[10] Michele H. Naudin, “Don’t Steal My Aesthetic”: First-of-its-kind Influencer Lawsuit, Munck Wilson Mandala: Client Alerts (Dec. 9, 2024), https://www.munckwilson.com/news-insights/influencer-legal-battle-gifford-v-sheil/.

[11] Levy, supra note 4.

[12] Id.

[13] “Don’t Steal My Aesthetic”: First-of-its-kind Influencer Lawsuit, supra note 2.

[14] Garcia, supra note 9.

[15] Lauren Kubiak, 7 TikTok Trends to Boost Your Marketing Strategy, U.S. Chamber of Commerce: CO (Aug. 22, 2023), https://www.uschamber.com/co/grow/marketing/tiktok-social-media-marketing-trends.

[16] Id.

[17] Sneha Garg, How Social Media Influencers Are Shaping USA Home Decor Trends, Fab Devine: Blogs (Jan. 23, 2025), https://www.fabdivine.com/blogs/blockrprint-pillow/influencers-shaping-home-decor-trends?srsltid=AfmBOoqzSOAlgepyIiUJDG_nmoJTtHXGc3bLw5aEX-P5ReYGNhA6-biA.

[18] Bridget Chambers, I Work With Influencers Every Day—Here’s What It Girls Are Wearing in 2024, Camille Styles: Fashion (Feb. 12, 2024), https://camillestyles.com/beauty/influencer-fashion-trends/.