What Is the 'Sad Beige' Lawsuit? All About the First-Of-Its-Kind Case About Copying a Social Media Aesthetic
Two influencers have entered a legal battle over a beige aesthetic on social media that began when one creator accused another of mimicking her vibe online
Sydney Nicole Gifford filed a first-of-its-kind lawsuit alleging Alyssa Sheil replicated her "sad beige" aesthetic online.
The two content creators promote products through their Amazon Storefronts, and even briefly met up to consider collaborating.
Gifford has brought eight different claims against Sheil, suing for damages that could total millions of dollars.
Two content creators are taking a battle for an online vibe to court.
This past April, Sydney Nicole Gifford filed a lawsuit against Alyssa Sheil alleging she "replicated" her "neutral, beige, and cream aesthetic" across various social media platforms.
The lawsuit has been dubbed a first-of-its-kind case about content similarities between influencers, both of whom are fighting to prove that the photos and videos uploaded to their respective accounts online are uniquely their own.
Per the April filing, obtained by PEOPLE, Gifford brought eight claims against the defendant. Among them include federal copyright infringement, vicarious copyright infringement, Digital Millennium Copyright Act violation, trade dress infringement and misappropriation.
Gifford has been curating her "brand identity" and "credibility" online over the past five years, per the filing, becoming known for her promotion of Amazon products like apparel and household goods. She has "grown her business into a multi-thousand dollar operation," her lawsuit states.
While the influencers maintain a presence online, they met in person in December 2022 with the intent to support each other's businesses. They got together again in January the following year, which resulted in Gifford blocking Sheil from viewing her content a few days later, per the filing.
On Monday, Aug. 5, four months after Gifford sued in April, attorneys for Sheil asked the U.S. District Court for the Western District of Texas to dismiss claims brought forth against the defendant. Per the court documents, 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 reads.
In November 2024, the Texas court judge said Gifford's original complaint against Sheil should move forward. Judge Robert Pitman of the US District Court for the Western District of Texas will be in charge of the final disposition, Bloomberg Law reports.
Read on to learn more about the first-of-its-kind lawsuit about influencer aesthetics online.
Who is Sydney Nicole Gifford?
Sydney Nicole Gifford is a 24-year-old social media influencer who's amassed nearly half a million followers across Instagram, TikTok and Amazon Storefront. She is from Austin, Texas, though lives in Minneapolis now, according to her Instagram bio.
The content Gifford creates centers around her home, fashion and "must-have" items she finds on Amazon. She stands out because of her neutral-toned vibe, curating her content with shades of brown and tan hues.
"I think I feel more calm in neutral spaces,” Gifford told The Verge in late November. “Now my favorite color is beige," she added, which explains the hashtag she'll occasionally use on her content (#sadbeigehome). "It is a sad beige home, and I like it."
The influencer spends several hours every day of the week capturing and creating content to share with her followers online, all aligning with her neutral aesthetic. She often promotes brand products and services through her photos and videos.
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Who is Alyssa Sheil?
Alyssa Sheil is a 21-year-old content creator who shares fashion and lifestyle content with her nearly half a million followers across Instagram and TikTok combined. She is from Williamson County, Texas.
Like Gifford, Sheil curates her content to align with a beige aesthetic. All of her posts — like outfit of the day posts, home decor finds and beauty-related photos — are neutral-toned.
"It’s definitely very calming,” Sheil said of her decor when speaking with The Verge, who visited the Texas-based influencer for an interview a few days prior to meeting up with Gifford in her Minneapolis home. "I just want it to all be cohesive and plain."
Why is Sydney Nicole Gifford suing Alyssa Sheil?
Gifford is suing Sheil for allegedly mimicking the vibe of her social media content — including fonts and camera angles, apartment decor, similar Amazon products and even physical appearance — and replicating it on her own page.
Per the original filing in April, obtained by PEOPLE, Gifford brought eight claims: federal copyright infringement, vicarious copyright infringement, Digital Millennium Copyright Act violation, trade dress infringement, misappropriation, tortious interference with prospective business relations, unfair trade practices and unfair competition and unjust enrichment.
Although they exist separately online, the two creators have a brief history together having both lived in Austin at one point. Per the filing, the replication of content began after they met up for a second time in January 2023 to discuss a potential collaboration.
At the time, they conducted a photoshoot that would be promoted on their respective accounts. "A few days later, Alyssa blocked Sydney from viewing her content on Instagram and TikTok," the original filing reads, alleging that the defendant's "platforms changed ostensibly."
The filing claims that Sheil began to post content that "replicated the neutral, beige and cream aesthetic" of Gifford's "brand identity," featured "the same or substantially Amazon products" she promoted and "contained styling and textual captions" that replicated hers.
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Has Alyssa Sheil responded to Sydney Gifford's claims?
Sheil's attorney responded to Gifford's lawsuit on Aug. 5, denying "every allegation in the complaint." According to the court document, the case "stems" from "jealousy."
When the creators first met, per the filing, 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.
Still, Sheil didn't file "a meritless lawsuit" claiming that Gifford "stole her likeness," explaining that it's "the very nature" of the fashion and influencer industries. "Similar influencer content creators collaborate, adopt, and evolve on trends and looks to promote products to their audience and followers."
When Sheil spoke with The Verge, she was confident about where she stands as a creator despite navigating lawyers and lawsuits. "I do think that there’s space and definitely enough money for everyone that’s in [the Amazon influencer] program,” she told the outlet.
What's next for Alyssa Sheil and Sydney Gifford?
Many are invested in the first-of-its-kind case questioning if the legal system could essentially protect the vibe of a content creator's vibe online as the two influencers await trial. Per Gifford's Texas lawsuit, Sheil is being sued for damages that could reach into the millions.
Read the original article on People