Solo-hosting this week, Peter Taaffe welcomes trial lawyer Thomas Frashier of AZA Law to unpack a first-of-its-kind lawsuit between two Austin influencers—the viral “sad beige” copyright/trade dress case. Thomas explains how the Amazon Influencer/Associates ecosystem really works, why “stealing a vibe” isn’t the same as stealing IP, and how his team defended creator Alyssa Scheele to a decisive win. From pleading standards and the DMCA to likeness rights, PR strategy (yes, including a Beyoncé-quoting answer), and the three-month copyright registration rule, this is a masterclass in modern IP litigation for the social media era. The case ended with the plaintiff dropping all claims—no payment, no gag clauses—and Alyssa preserving her right to tell the story. If you care about creators, brands, and the law colliding online, you’ll love this one.

Episode Highlights

• What the “sad beige” aesthetic is—and what IP law actually protects
• Inside the Amazon Influencer Program: links, commissions, and Prime Day playbooks
• The claims: copyright (direct/vicarious), DMCA CMI, trade dress, likeness, and the “kitchen-sink” torts
• Why “you copied my style” ≠ protectable IP (and where trade dress does apply)
• The Twombly/Iqbal plausibility bar and why early dismissal is tough in social media cases
• The three-month rule for statutory damages—and how late registrations undercut the case
• Damages theories vs. reality: statutory vs. actual and the proof plaintiffs need
• PR as strategy: a speaking answer, media outreach, and reframing the narrative
• Deepfakes, NIL, celebrity voice rights, and where likeness law is heading
• Trial culture at AZA: early responsibility, nationwide cases, and learning from the courtroom
• Why the case ended: non-suit, no payment, no non-disparagement, and a clean defense win
• Takeaways for creators: document timing/metadata, avoid monopoly-style demands, and know the ecosystem you’re in