Influencer Style Case Risks More Stolen Vibe Suits from Creators

A social media influencer has filed a suit against another influencer accusing her of copyright and trade dress infringement for mimicking her aesthetic and content. Erik Belt spoke with Bloomberg Law about this first-of-its-kind federal lawsuit and said that its difficult to argue confusion between the creators when usernames are prominently displayed, and users type in creators’ handles on social media. “Its not like both of them are found side by side in the same row in the grocery store, like two boxes of cereal that are sitting next to each other and one looks like the others,” Erik said. The case raises questions about the application of copyright and trade dress laws to social media, and could lead to similar lawsuits from influencers if the court recognizes the influencer’s asserted trade dress as protectable. “The law is a copycat league, “Erik added, noting that if “you have one successful plaintiff who recovers $2 million, you’re going to see other people start to bring similar claims.”