Gabrielle Pesantez
Modern social media empires rise and fall at the whims of content creators and users who dictate trending aesthetics, styles, and vibes. Endorsements across social media content thus seek to exploit this sense that a company’s product belongs within whichever cohesive aesthetic on which the public is currently fixating. What better way, then, to promote your product than by identifying the perfect spokeswoman for it?
Sydney Nicole Sloneker (née Gifford) – an American influencer based in Texas – capitalized on just that. She laid claim to the “sad beige” aesthetic in her promotion of a slew of its associated products, from household goods to apparel and accessories.1 But when a fellow Texas-based influencer, Alyssa Sheil, seemingly mimicked Sloneker’s social media style, Sloneker sued in federal court in April 2024. In her complaint, Sloneker alleged that Sheil “began to publish posts that replicated Plaintiffs’ posts and Plaintiffs’ brand identity, featuring the same or substantially similar Amazon products promoted by Plaintiffs and containing styling, themes, camera shots and angles, and text captions, among other elements, copying those of Plaintiffs’ posts.”2
Of course, courts have recognized that “style is not copyrightable—only expression is.”3 Thus, publishing a mystery novel would not support a copyright infringement claim merely because the writer’s original work was inspired by her love of Agatha Christie’s style. Here, too, an influencer, publishing social media posts reminiscent of Sloneker’s typical beige aesthetic, has not necessarily infringed. Sloneker’s claim amounts to an allegation that Sheil has imitated her “vibe.” Yet, that vibe is the minimalist, polished, monochrome “clean girl” aesthetic, adored by so many and described by British Vogue as having already reached “stratospheric” heights by 2022.4 As of early 2023, the trend had “amassed nearly 2 billion” views on TikTok alone.5
Sloneker’s lawsuit effectively sought relief on the theory that Sheil’s participation in this widely loved aesthetic served as a true forgery of Sloneker’s content, amounting to infringement. Sloneker also asserted a trade dress claim against Sheil, with Sloneker alleging that she had a trade dress distinguished by her use of “monochrome cream, grey, and neutral-beige colors coupled with modern, minimal, sophisticated styling of Amazon products,” along with her “distinct relatable way of speaking to followers.”6 In an interview with The New York Times, Sloneker described how distraught she was after hearing from multiple followers and close friends that they had seen Sheil’s content and mistaken it for hers.7 Further, she pointed to a “dip in the sales of items she posted about when Ms. Sheil made a post similar to hers, citing information from Amazon.”8
Sloneker’s protectiveness over the aesthetic, although an understandable reaction from a content creator seeking to protect her professional brand and livelihood from an alleged “copycat,” does not necessarily create a legal entitlement to exclude competitors from partaking in it. Ultimately, Sloneker sought a voluntary dismissal in May 2025 (with prejudice) of all her claims against Sheil, citing personal reasons.9 While a court will no longer be debating the merits of Sloneker’s claims for the individual posts in question, many of which did contain stark similarities to Sloneker’s content, the case has nevertheless raised important questions for content creators who depend on grounding their brands in popular aesthetics.
[1] First Am. Compl. ¶ 10, Sydney Nicole LLC v. Alyssa Sheil LLC, No. 1:24-cv-00423-RP (W.D. Tex. Sept. 3, 2024).
[2] Sydney Nicole LLC, First Am. Compl. ¶ 15.
[3] Kadrey v. Meta Platforms, Inc., No. 23-CV-03417-VC, 2025 WL 1752484, at *18 (N.D. Cal. June 25, 2025) (citing 17 U.S.C. § 102(b); Mattel, Inc. v. MGA Ent., Inc., 616 F.3d 904, 916 (9th Cir. 2010)).
[4] Daisy Jones, Why the Clean Girl Aesthetic Refuses to Die, BRITISH VOGUE (Feb. 26, 2025),
https://www.vogue.co.uk/article/clean-girl-aesthetic-trend [https://web.archive.org/web/20251010025337/https://www.vogue.co.uk/article/clean-girl-aesthetic-trend].
[5] Samantha Olson, Here’s a Rundown on the Clean Girl Aesthetic That’s Dominating TikTok RN, SEVENTEEN (Jan. 11, 2023), https://www.seventeen.com/fashion/trends/a42449695/clean-girl-aesthetic
[https://web.archive.org/web/20251010031755/https://www.seventeen.com/fashion/trends/a42449695/clean-
girl-aesthetic/].
[6] Sydney Nicole LLC, First Am. Compl. ¶ 71.
[7] Sandra E. Garcia, Can You Copyright a Vibe?, N.Y. TIMES (Dec. 5, 2024),
https://www.nytimes.com/2024/12/05/style/clean-girl-aesthetic-influencer-lawsuit.html
[https://web.archive.org/web/20251010035034/https://www.nytimes.com/2024/12/05/style/clean-girl-aesthetic-influencer-lawsuit.html].
[8] Id.
[9] Angela Yang & Kalhan Rosenblatt, Influencer Drops Lawsuit Alleging Rival Creator Copied Videos, NBC NEWS (May 30, 2025), https://www.nbcnews.com/tech/internet/influencer-drops-lawsuit-alleging-rival-creatorcopied-videos-rcna210019 [https://web.archive.org/web/20251010035646/https://www.nbcnews.com/tech/internet/influencer-drops-lawsuit-alleging-rival-creator-copied-videos-rcna210019].