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?
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