Two beige-magnet influencers are fighting for their civil whites. Sydney Nicole Gifford, a content creator who promotes products through her Amazon storefront, is suing a fellow creator. Her novel lawsuit accuses Alyssa Sheil of copying her natural, beige, and cream aesthetic. Gifford leveled eight claims against Sheil, one of which includes trade dress infringement. Of those eight charges, this will be the most difficult one to make stick.
“She stole my vibe”
According to the lawsuit, Sheil and Gifford know each other and even met for a photo shoot in 2023. Gifford says after that meeting, Sheil blocked her from viewing her content and then drained the color from her platforms, going sad and beige. But the influencer says Sheil did more than go color bland, she copied her whole vibe, including fonts, camera angles, photo captions, apartment décor and physical appearance.
Trend, not infringement
The sad beige, monochromatic aesthetic has been white hot on social media for a few years now and Shiel says her going toward the light is a matter of jumping on a trend, not infringement. Influencers are also encouraged to decorate and dress in neutrals so sponsored products pop. With hundreds of influencers living their cream life and posting about it, is claiming ownership of an aesthetic even possible?
My non-neutral stance on the Trade Dress claim
As I mentioned, there are eight federal copyright claims Gifford alleges in this lawsuit. I am speaking strictly to the Trade Dress accusation. Some may stick, but not the “trade dress” claim. For an in-depth look at all the charges, see Tim Billick’s deep dive into the case and which parts of Gifford’s copyright claims will go to trial. As for the Trade Dress claim. It’s nonsense. Unless Gifford can show she has a trade dress registration for a unique shade of beige, she will have to prove that her aesthetic is so unique, people automatically associate it with her and only her, i.e., Gifford = beige vibe. Such a claim is a mountain of unscalable lights.
Trademarking and Trade Dress for Colors
Trademark and trade dress claims involving color aren’t unheard of. Tiffany &Co. has long been associated with its turquoise blue. Everyone who sees a box in that color knows right away it’s jewelry from Tiffany’s. There’s John Deere ® green and the McDonalds red and yellow color scheme, and of course Louboutin’s trademarked red soles. But these companies spent decades establishing their association with their tell-tale colors. Gifford beige? And not even a specific shade of beige, just a ” beige vibe?” Sounds like a flight of fancy to me. Besides, didn’t Kim Kardashian start that? Gifford is suing for $150K. In the meantime, remember, tomorrow is another clay.
