In IP news out of America, a lifestyle influencer named Sydney Nicole Gifford is suing fellow influencer Alyssa Sheil, a former acquaintance, alleging she “replicated the neutral, beige and cream aesthetic of [her] brand identity”. Gifford has also accused Sheil of copying her style, as well as her photos and captions, and is now seeking up to $150,000 in damages for lost income and “mental anguish”.
It remains to be seen if the lawsuit will be successful but it could have far reaching implications if it is. Let’s explore further below.
What exactly is “sad beige”?
Sad beige is a design aesthetic that started in the online parenting community and has spread to other industries. It’s focused on neutral colours for clothes, toys and home décor.
Hayley DeRoche is the creator behind “Official Sad Beige,” an online parody account dedicated to the all-neutral aesthetic. She told TODAY.com that “sad beige is anything neutral-toned that has had joy siphoned out of it.”
Kathryn Jezer-Morton wrote in a 2022 “Mothers Under The Influence,” a newsletter that examines trends among mom influencers, theorizing the basis of the trend as: “An executive at an influencer-management company told me that influencers are encouraged to decorate and dress in neutrals because it allows sponsored products to pop visually in contrast.”
There seems to be some sound reasoning behind the trend.
What is Influencer Marketing?
Influencer marketing is an industry worth around $15 billion in 2022 with continued growth ever since. It’s a powerful tool for businesses looking to promote their products or services and increase brand awareness, especially online.
Here in Australia, AANA (the Australian Association of National Advertiser’s) have a code of ethics for influencer marketing and can be contacted for assistance if you need help with a dispute.
Did you know we sold a Social Media Influencer Agreement Contract Template?
Our influencer agreement contract template sets out the terms of an influencer marketing collaboration between a brand and social media influencer and can assist both parties in understanding their rights and obligations to one another.
Purchase it here.
Pantone Colour of the Year
It seems “sad beige” is not going anywhere and the latest Pantone colour of the year fits right in.
Each year, Pantone announces a colour of the year. For 2025, this is “Mocha Mousse 17-1230.” According to Pantone, this is “a warming, brown hue imbued with richness. It nurtures us with its suggestion of the delectable qualities of chocolate and coffee, answering our desire for comfort.”
When it comes to trade mark law, many countries around the world rely on the Pantone Colouring system to attribute relevant colours to the trade mark application (if applicable). For example, McDonalds trade marked its written name with the colours yellow and red in the logo. And Facebook trade marked its name with the classic blue colour. ⠀
Now with a total of 2,390 solid Pantone colours to choose from, some businesses have been successful in claiming ownership over a whole colour.
Check out one of our older blog articles on the Pantone Colour System & Trade Mark Law here.
The ‘Sad Beige’ Lawsuit
Does Gifford have a case?
Rebecca Tushnet, a professor at Harvard Law School, told The Guardian that “In general, copyright doesn’t protect style or a ‘vibe’,” but, it is “possible that two specific images or videos could be so similar that one could infringe the other, but it would have to be a case-by-case determination”.
You can read more from The Guardian here.
At Litton Legal, we can assist with influencer marketing disputes or drafting commercial agreements for your brand to engage influencers. Contact our friendly team on hello@littonlegal.com.au for further assistance.
