Survival of Influencer's Suit Threatens More IP Takedown Fights

Fashion attorney Danielle Garno was quoted in a Bloomberg Law article discussing the potential implications of a federal judge's decision to allow an influencer's lawsuit over a stolen aesthetic to proceed. The article explored how this ruling could embolden content creators to be more aggressive in filing takedown requests against competitors, potentially leading to an increase in intellectual property disputes in the social media sphere. Ms. Garno highlighted how the Digital Millennium Copyright Act (DMCA) has been used in the fashion industry to shut down competitors and suggested that creators might wield it similarly.

"You could just claim that you have a copyright in a design because copyright is created once the item is created, and the platforms will just basically take it down," she said.

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