The internet has seen its fair share of ridiculous feuds, but this one really takes the cake.
According to People, last month, Sydney Nicole Gifford, a Minneapolis-based creator, shocked the internet by suing Austin influencer Alyssa Sheil in what’s being called a first-of-its-kind lawsuit… over the color beige.
Yes, you read that right. A copyright war over neutrals.
And, not to sound like a troll or a 21st-century-hating boomer, but… how do you even sue over a vibe? I mean, how many influencers do you know who live by the beige aesthetic? I can count like 20. But then again, this is the 21st century, so of course, everything has to be settled in a court of law.
Read on to know what this first-of-its-kind lawsuit of the influencer era is all about.
What Is The Sad Beige Lawsuit?
The sad beige lawsuit is what the internet dubbed this absurd court case.
The name was born after Gifford casually shared her love for beige in an interview as if that wasn’t already glaringly obvious.
“I think I feel more calm in neutral spaces, “she told The Verge in November. “Now my favorite color is beige,” she added before concluding. “My home is a sad beige home, and I like it,” which, of course, birthed the term “sad beige lawsuit.”
What’s The Lawsuit About?
As mentioned, it’s all about copyright issues.
Sydney Nicole Gifford, 24, the plaintiff, is accusing fellow content creator Alyssa Sheil of stealing her vibe or, as Gifford puts it, “replicating the neutral, beige, and cream aesthetic of her brand identity.”
In her “sad beige lawsuit,” Gifford, who markets herself as an Amazon influencer, claims Sheil—also a TikTok-Amazon influencer—ripped off her apartment design, camera angles, font choices, poses, hairstyles, and even her voice after the two met in late 2022 and early 2023 to discuss a potential collaboration.
Gifford even alleges that Sheil got a nearly identical tattoo (a fine line of a bunch of flowers) and a haircut. (If you want a full, semi-exhausting rundown of all the ways Gifford claims Sheil copied her, there’s a 70-page document waiting for you.)
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What Does Gifford Want?
According to The Telegraph, the Amazon influencer, who’s expecting her first child, has reported fellow influencer Sheil to Amazon, Meta, and TikTok for copyright infringement and even sent her a cease-and-desist letter.
Gifford is bringing eight claims to the table: Digital Millennium Copyright Act violation, federal copyright infringement, vicarious copyright infringement, trade dress infringement, misappropriation, tortious interference with prospective business relations, unfair trade practices, and unfair competition/unjust enrichment.
She’s seeking up to $150,000 in damages for “mental anguish and lost income,” arguing that Sheil’s alleged copying of her posts and product selections hurt her earnings.
Gifford also wants Sheil’s content removed, which would be a blow to the Austin-based influencer, who currently has 138K followers on Instagram compared to Gifford’s 301K on IG and 600K on TikTok.
Has Sheil Responded To Gifford’s Claims?
Yes, she has.
Four months after Gifford filed the sad beige lawsuit, Sheil’s attorneys petitioned the U.S. District Court for the Western District of Texas to dismiss the claims. According to court documents obtained by People, Sheil denied every allegation in the complaint.
“Sheil has never infringed on any work of Gifford’s because Sheil’s work is independently developed, does not use anything belonging to Gifford, and is not based on anything posted by Gifford,” the court document stated.
“When the creators first met,” the document continued, “Sheil was younger and more successful on certain social media platforms that Gifford had not yet maximized.” The documents allege that “it was Gifford who asked Sheil” content-related questions.
Sheil also spoke to The Verge in November, standing firm in her position as a creator despite the ongoing legal drama. “I do think that there’s space and definitely enough money for everyone that’s in [the Amazon influencer] program,” she told the outlet.
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What’s Next For The Influencers And What Kind Of Labor Law Precedent Does The Sad Beige Lawsuit Present?
There’s not much to do now, but wait for the trial. According to People, Judge Robert Pitman of the U.S. District Court for the Western District of Texas is set to determine the future of the case.
As for the labor law precedent the sad beige lawsuit sets, it’s a bit tricky. The court has frequently referred to this case as the “first lawsuit of its kind,” meaning it’s breaking new ground. After all, the term “influencer” was only added to the dictionary in 2019—so, yeah, we’re treading on uncharted territory.
As Vogue also pointed out, protecting influencer labor might be tough because, while influencers are undeniably influential, many people still see them as vapid, and their jobs are often considered easy. So, the general public doesn’t always sympathize with them—even though influencers are probably more likely than other workers to be exploited and thus are left without legal protection.
So, whether Sheil is more than just an unfortunate digital doppelgänger or if Gifford has a case worth pursuing will ultimately be up to the court to decide.
But, in our opinion, you can’t really copyright a vibe. Honestly, whether you call it beige, mocha mousse, brown (for the unbothered), or greige, in this battle of neutrals, no one’s really winning.
Just ask Hailey Beiber…
What’s The Sad Beige Lawsuit Got To Do With Hailey Bieber?
Apparently, more than you’d think—though indirectly.
Remember when the clean-girl aesthetic and “brownie glazed lips” blew up? Black girls have been rocking the trends forever (and they’ll remind you, rightfully so), but the internet often credits Hailey Bieber for “popularizing” the look—which sparked a lot of backlash.
Still, the debate over the two trends quickly became a defining moment for influencers, Gifford included, so much so that she believes a lawsuit was warranted to protect what she sees as her signature aesthetic.
Sheil, of course, doesn’t agree. As she told The Verge, “There are hundreds of people with the exact same aesthetic, and I’m the only one that’s having to go through this.”
Thoughts?
Comment below!
