Influencer Aesthetics on Trial: A Landmark Case Over Copyright, Trade Dress, and Personal Branding

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By Eva I. Garmpi

on 05/02/2025

In a groundbreaking case for the influencer industry, one influencer has filed a lawsuit against another, accusing them of copying not just content, but the very aesthetic and branding that they’ve developed on social media. The lawsuit raises critical questions about the legal protection of an influencer’s personal “vibe,” including visual style, color schemes, product recommendations, and even personal appearance. Central to the case are claims of copyright infringement, trade dress violation, and misappropriation of likeness.

Copyright infringement is one of the key elements, with the plaintiff asserting that the defendant willfully reproduced copyrighted images and content. This includes copying product styling, camera angles, and even captions used in posts. In this context, the lawsuit highlights how social media content can be protected under copyright law when it meets certain originality criteria, and what constitutes fair use versus infringement in the influencer space.

Another major legal issue at play is trade dress infringement. The plaintiff claims that their distinctive use of specific color palettes, minimalistic styling, and curated content represents their unique brand identity—one that is legally protectable. The lawsuit argues that such elements are so recognizable that the defendant’s use of similar styling and product recommendations could cause confusion among consumers, leading them to believe the content is coming from the same source. This claim examines how far the law can extend to protect not just logos or physical products, but the overall visual identity of a brand.

If successful, this case could offer influencers a new toolkit for defending their creative assets, which would significantly impact how branding is managed and protected across social media platforms. Additionally, the lawsuit tests the boundaries of personal branding, questioning whether mimicking someone's physical appearance for commercial gain crosses the line into unlawful appropriation of their persona.

Τhe case is notable for its potential to set a legal precedent in the influencer world. If the plaintiff succeeds in proving that a social media influencer’s aesthetic, content, and personal brand are legally protected, it could reshape the way influencers approach brand identity and copyright protections.

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