Legal News!

The infamous “Vibes” case - where an influencer in Texas sued another creator for copying her aesthetic finally has an update!

I’ve been following this case for a few months, but just recently, I started seeing people discuss it on Reddit and other social media platforms, which surprises me since people are usually quick to catch on to this kind of stuff.

ICYMI, here is a quick rundown of the case:

• Alyssa Sheil and Sydney Nicole Gifford are two Amazon influencers whose parallel careers in promoting neutral-toned home goods have spiraled into a high-stakes legal battle over alleged content copying. 

• Initially filed in Texas federal court in April 2024, Gifford sued Sheil in an 8-count complaint accusing her of, amongst other things, vicarious copyright infringement, trade dress infringement, Digital Millennium Copyright Action (DMCA) violations, misappropriation, tortious Interference with business relations, unfair competition, unjust enrichment and more. Aka, for copying her content, style, and vibes, claiming it has harmed her business. 

• On June 21, 2024, Sheil denied the allegations, attributing similarities to the homogeneity fostered by Amazon's influencer ecosystem, where trends and products often overlap. Sheil filed a Partial Motion to Dismiss everything but vicarious copyright infringement and trade dress infringement.

• After some back and forth in the pleadings (the documents a party files to explain their case to the court), the case was referred to a Magistrate Judge.

This case has raised questions about creativity, ownership, and the influencer industry’s competitive pressures. So where are we now?

On November 15, 2024, the Magistrate Judge issued their Report and Recommendations (“Report”) on Defendants’ Partial Motion to Dismiss. 

In the Report, the Magistrate Judge recommended the following: Defendants’ Partial Motion should be:

• Denied with respect to the counts of vicarious copyright infringement, DMCA violations, and misappropriation - basically, these are valid counts and can be adjudicated and 

• Granted, with respect to the counts of tortious interference with business relations, unfair trade practices and unfair competition, and unjust enrichment - aka they don’t pass muster, and we can let these go, with prejudice. Basically, you can’t bring these back up.

On November 29, 2024 Sheil noted her objections to the Report as is her right, to the DMCA and misappropriation of likeness claims. 

And on November 30, 2024, Gifford sought leave to amend her complaint to correct factual misunderstandings in the current pleading, clarify the issues and to comply with the Magistrate Judge’s Report. As is common practice, Gifford provided Sheil a courtesy copy of the proposed Amended Complaint she intends to file, with minor changes doubling down on her DMCA and copying claims.

I can break it down in more detail if you’d like but for now that’s the latest. We shall wait to see how the court handles this case, which may have overarching repercussions for influencers and creators who all share similar, trending content.

Romanticizing My Life!

I have been doing a few things lately to help me romanticize my life more.

1. Make a habit of going to a yoga class.

2. Setting up coworking dates - so I get dressed up and leave the house.

3. Spending more time with friends.

4. And playing with makeup again!

This year has had its fair share of ups and downs, but as we finish 2024, I want to continue loving myself, healing, and being better.

Here’s a link to my slow morning routine that has helped a lot with my productivity while also putting me first.

Thanks for reading!

Talk soon,

Kayla