Amazon influencers Sydney Nicole Gifford and Alyssa Sheil are locked in a legal battle over the 'Sad Beige' aesthetic, a minimalist trend that went viral in 2021. Gifford, with over 790,000 followers, accuses Sheil, who has 380,000 followers, of copying her signature style, filing a lawsuit for trade dress and copyright infringement.
The lawsuit, supported by evidence of Gifford's registered posts, alleges Sheil's content mirrors Gifford's in tone and style. Sheil’s defense claims the aesthetic is widely popular and not unique to Gifford. Intellectual property experts question the strength of Gifford's case but acknowledge its potential to set a precedent in influencer copyright law.
As the case proceeds, it raises significant questions about the copyrightability of social media aesthetics. If Gifford wins, it could lead to more lawsuits in the influencer industry.
The lawsuit, supported by evidence of Gifford's registered posts, alleges Sheil's content mirrors Gifford's in tone and style. Sheil’s defense claims the aesthetic is widely popular and not unique to Gifford. Intellectual property experts question the strength of Gifford's case but acknowledge its potential to set a precedent in influencer copyright law.
As the case proceeds, it raises significant questions about the copyrightability of social media aesthetics. If Gifford wins, it could lead to more lawsuits in the influencer industry.
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00:00In a groundbreaking legal showdown, Amazon influencers Sydney Nicole Gifford and Alyssa
00:04Shiel are going head-to-head in a high-stakes copyright clash over the viral sad beige aesthetics.
00:10What started as a minimalist trend that took social media by storm in 2021 has now ignited
00:15a fiery legal battle, with Gifford accusing Shiel of copying her signature style.
00:22Gifford who has over 790,000 followers on Instagram and TikTok filed a civil lawsuit
00:27in April for trade dress and copyright infringement.
00:31The lawsuit states Gifford claims that Shiel, with 380,000 followers, posted nearly identical
00:36videos and at least 30 photo posts featuring identical styling, tone, camera angle, and
00:43or text to her own images.
00:45Gifford seeks financial compensation for damages including lost profits and mental anguish
00:49in an amount to be determined at trial.
00:52Her lawsuit includes claims for copyright and trade dress infringement, DMCA violations,
00:57and state law claims such as tortoise interference, unfair competition, and unjust enrichment.
01:03According to the McDaniels Law Firm, it is not compulsory to register to copyrighted
01:08work in the U.S., however, an infringement claim can only be brought up by an applicant
01:13if they've registered their copyright or have a pending copyright application.
01:17Interestingly enough, Gifford filed evidence in her lawsuit showing she has registered
01:22her posts with the U.S. Copyright Office, a step many influencers typically skip when
01:26claiming copyright infringement.
01:29According to the official complaint filed, Gifford argues that Shiel's posts are strikingly
01:32similar to her own.
01:34One example highlights a near-identical shot of Shiel visiting the TOX using footage similar
01:39to Gifford of the branded doormat at the store's entrance.
01:42In response to the lawsuit, Shiel's attorney filed a statement with the court in August
01:47explaining that Shiel blocked Gifford after the two influencers met up for a 2023 photoshoot
01:52with one of Gifford's friends, citing Gifford and her friend's alleged rude and exclusive
01:56behavior.
01:57The court document also defends Shiel's content, which embraces a clean girl aesthetic,
02:02a polished minimalist style with neutral tones.
02:05Shiel's attorney argues that this aesthetic is not exclusive to Gifford, citing the popularity
02:10of neutral tones in shows like Chip and Joanne Gaines, HGTV series, and among celebrities
02:15like Hayley Bieber.
02:16They also note that Gifford's lawsuit avoids referencing the clean girl aesthetics, pointing
02:21out that anyone who searches the term would see that both Gifford and Shiel's looks
02:25are not original.
02:27If you take a quick search, you can clearly see both the clean girl aesthetics and the
02:31sad beige aesthetics were popularized by various influencers, not just Gifford or Shiel.
02:37One notable figure behind the sad beige trend is Hayley Deroge, the creator of Official
02:41Sad Beige, an online account that parodies the neutral tone aesthetics.
02:45Deroge's satirical take on the trend helped her gain a massive following, many say contributed
02:50to the popularity of the sad beige aesthetics.
02:52On the other hand, the clean girl aesthetic, popularized on TikTok by celebrities like
02:57Hayley Bieber and Bella Hadid, is characterized by a minimalist, polished look featuring neutral
03:02colors, sleek hair, and subtle makeup.
03:05Although the trend became popularized in 2021, according to the Blackprint, the trend's roots
03:10trace back further, particularly to black and brown communities.
03:14Overall, it seems the key difference between the two aesthetics is their vibe.
03:18The clean girl aesthetics that Shiel is claiming in her response to the lawsuit is polished
03:23and minimalist, while the sad beige aesthetics that Gifford has claimed with hashtags like
03:27Sad Beige Home on her post embraces a muted beige color palette associated with introspective
03:33moodiness.
03:34With the first of its kind lawsuit in full swing, experts have chimed in on the current
03:38status of the lawsuit and what the future holds if Gifford wins.
03:42James Amataro, prior Cashman LLP, cautions that a ruling in Gifford's favor could give
03:47influencers the ability to control social media markets by owning color schemes or photo
03:52styles.
03:53Danielle Garneau of Holland and Knights adds that, while the posts may resemble each other,
03:58it's hard to argue that Gifford's aesthetics is distinctive enough to warrant legal protection.
04:03As of November 30th, Judge Dustin Howell ruled that Gifford's lawsuit has enough merit
04:08to proceed, denying Shiel's motion to dismiss, noting the images in question clearly show
04:13similarities between their looks, which could set a legal precedent for copyright protection
04:17in the influencer industry.
04:19If Gifford prevails, it could lead to a wave of similar lawsuits marking the first time
04:23such claims have led to legal actions, despite frequent complaints from influencers about
04:28content copying.
04:30While Shiel's image closely replicates Gifford's style, the broader question still remains.
04:35Can a look or aesthetic be copyrighted at all?