Alex Roberts

And likewise, the trade dress claim, I mean, it's really going to be challenging for her to actually establish trade dress protection for kind of her color scheme and her general style. I was just looking at the amended complaint and she talks about like her way of relating to her followers and her tone of voice. I mean, that's Not usually what trade dress law protects.

And then lastly, misappropriation of right of publicity. I mean, that's usually like when a company takes a celebrity's name or photo and uses it in an ad without their consent. There you have a strong claim for right of publicity. But here she's saying essentially, you copied my look. You dressed like me. You did your hair and makeup like me.

And then lastly, misappropriation of right of publicity. I mean, that's usually like when a company takes a celebrity's name or photo and uses it in an ad without their consent. There you have a strong claim for right of publicity. But here she's saying essentially, you copied my look. You dressed like me. You did your hair and makeup like me.

And then lastly, misappropriation of right of publicity. I mean, that's usually like when a company takes a celebrity's name or photo and uses it in an ad without their consent. There you have a strong claim for right of publicity. But here she's saying essentially, you copied my look. You dressed like me. You did your hair and makeup like me.

You paired similar earrings with a similar outfit and white cowboy boots. And that's a use of my image or my persona. So that seems a little outside of what the law protects, but these cases are unpredictable.

You paired similar earrings with a similar outfit and white cowboy boots. And that's a use of my image or my persona. So that seems a little outside of what the law protects, but these cases are unpredictable.

You paired similar earrings with a similar outfit and white cowboy boots. And that's a use of my image or my persona. So that seems a little outside of what the law protects, but these cases are unpredictable.

It doesn't change what's actually copyrightable, right? Photos and videos are protectable. Longer text captions may be copyrightable, but short phrases are not. Curated lists can sometimes qualify for thin copyright protection. So... A court would really need to find sufficient similarity here for infringement. If they do, I think the chilling effects are really tremendous.

It doesn't change what's actually copyrightable, right? Photos and videos are protectable. Longer text captions may be copyrightable, but short phrases are not. Curated lists can sometimes qualify for thin copyright protection. So... A court would really need to find sufficient similarity here for infringement. If they do, I think the chilling effects are really tremendous.

It doesn't change what's actually copyrightable, right? Photos and videos are protectable. Longer text captions may be copyrightable, but short phrases are not. Curated lists can sometimes qualify for thin copyright protection. So... A court would really need to find sufficient similarity here for infringement. If they do, I think the chilling effects are really tremendous.

I think it leads to concerns by other content creators that they might be accused of copying somebody's content just because they're kind of following the same viral trend or creating similar categories of content. They might be accused of impersonating somebody's look just because they make similar choices in the way that they style their outfits.

I think it leads to concerns by other content creators that they might be accused of copying somebody's content just because they're kind of following the same viral trend or creating similar categories of content. They might be accused of impersonating somebody's look just because they make similar choices in the way that they style their outfits.

I think it leads to concerns by other content creators that they might be accused of copying somebody's content just because they're kind of following the same viral trend or creating similar categories of content. They might be accused of impersonating somebody's look just because they make similar choices in the way that they style their outfits.

So when we talk about chilling effects, what we mean is speech is chilled. People are afraid to create new works, to do different forms of expression that might lead to claims of infringement.

So when we talk about chilling effects, what we mean is speech is chilled. People are afraid to create new works, to do different forms of expression that might lead to claims of infringement.

So when we talk about chilling effects, what we mean is speech is chilled. People are afraid to create new works, to do different forms of expression that might lead to claims of infringement.

So I think one difference between this case and some really high profile copyright cases that we hear about Like in music, when you think about Blurred Lines and Katy Perry and Led Zeppelin or a case that Nike brings or something like that, typically those are defendants who are more well-resourced. They have a legal team. They have a label behind them. They have the ability to kind of protect.

So I think one difference between this case and some really high profile copyright cases that we hear about Like in music, when you think about Blurred Lines and Katy Perry and Led Zeppelin or a case that Nike brings or something like that, typically those are defendants who are more well-resourced. They have a legal team. They have a label behind them. They have the ability to kind of protect.

So I think one difference between this case and some really high profile copyright cases that we hear about Like in music, when you think about Blurred Lines and Katy Perry and Led Zeppelin or a case that Nike brings or something like that, typically those are defendants who are more well-resourced. They have a legal team. They have a label behind them. They have the ability to kind of protect.

put up a really robust defense and make their best argument. And when we're thinking about content creators at this level, we're usually thinking about somebody who's doing this as a side hustle or who's kind of trying to eke out a living, get some endorsements, get some paid promotions for their content, pull together a community, get some attention from followers.