Sierra Mist Lawsuit: Did PepsiCo Really Clash with Influencer Over Identity Theft?

• According to most blogs found on the internet, the Sierra Mist lawsuit is a copyright case that was allegedly going on between TikToker Cierra Mistt and PepsiCo.
• As the TikToker mentioned in her videos on social media, the soda company allegedly issued a cease and desist letter to her, as her username sounded similar to their citrusy drink Sierra Mist.
• No official court records have been found that cement the existence of the case. Moreover, she went on to mention that PepsiCo settled the case with her outside court secretly, after which the company relaunched the beverage as Starry.

In December 2023, TikToker Cierra Mistt went viral after claiming that PepsiCo had sued her and apparently lost the case. Her videos soared up the engagement rate, and people went crazy about it. After all, PepsiCo is a BIG name!

You see, for influencers, their online name isn’t just a fun alias—it’s their brand, their business, and their livelihood.

So, when PepsiCo decided to sue her for using the name Cierra Mistt, which sounded the same as “Sierra Mist” (their iconic lemony soda from 1999), it raised an important question: who owns a name in the age of social media and big corporations?

In this article, I will explain the following things:

• The background to the supposed Sierra Mist lawsuit.
• Legal terms and laws involved in this alleged suit.
• What was PepsiCo’s response to TikToker Cierra Mistt?
• The truth behind the Sierra Mist lawsuit.

Additionally, I will also talk about the real reason behind why the beverage and soda company decided to rebrand their drink amidst these allegations. Therefore, if these are some of the things that you want to know, keep reading this blog until the end…

Cierra Mistt Vs. PepsiCo: Background to the Sierra Mist Lawsuit

A viral TikTok storm erupted after internet personality Cierra Mistt alleged that PepsiCo, the beverage giant behind Sierra Mist, took legal action against her.

The issue? Her online persona’s name, “Cierra Mistt,” was strikingly similar to PepsiCo’s now-discontinued soda, Sierra Mist. Naturally, these claims set the internet abuzz with speculation and support.

The controversy stems from PepsiCo’s decision to discontinue its iconic Sierra Mist soda in January 2023, replacing it with a new lemon-lime beverage called “Starry.”

Meanwhile, Cierra Mistt, a TikTok creator known for her entertaining flight attendant content, said she had used her name since AOL Instant Messenger.

In a YouTube video posted in July 2023, she claimed that PepsiCo accused her of trademark infringement over her online alias, as reported by Green Matters in December 2023.

Although Cierra said she couldn’t share all the details due to “legal reasons,” she hinted at a victory against the soda giant.

She doubled down in a February 2023 TikTok, stating that Pepsi tried to sue her but lost. In the video description, she clarified that the “conflict was amicably resolved.”

This intriguing case highlights the clash between personal branding and corporate trademarks in today’s digital world, leaving many to wonder about the legal gray areas surrounding influencer identities.

Trademark Laws

Trademark laws protect names, symbols, logos, or phrases representing a business or individual’s brand. Think of it this way: if you’ve created a unique name or logo, trademark laws ensure no one else can use it without your permission.

A trademark protects your brand identity, preventing others from profiting off your hard work. For instance, the golden arches of McDonald’s or Apple’s bitten apple logo are instantly recognizable trademarks.

In the Sierra Mist lawsuit, the influencer may have claimed that their online persona, “Sierra Mist,” was part of their brand and deserved protection under trademark laws.

However, a name to qualify as a trademark usually needs to be formally registered. That’s where things can get tricky for influencers, as many don’t think about registering their online names until issues like this arise.

Trademark disputes often boil down to whether the name in question creates confusion. If PepsiCo’s Sierra Mist soda made people think of the influencer, that could be a valid argument in court. Trademark laws aim to eliminate such confusion while balancing the rights of both parties.

Cease and Desist Letter

A cease and desist letter is typically the initial move in the entire process of a legal conflict. It is basically a formal indictment that one party sends to another, requesting that they discontinue doing something that violates their rights.

In the alleged lawsuit against Sierra Mist, the influencer claims that PepsiCo sent her a cease and desist letter, instructing her to stop using the name “Cierra Mistt” as it is similar to their soda brand.

Such a letter would have specified the reasons for the request, like brand confusion or using the brand without authorization. Additionally, there may have been a requirement for Cierra to meet the demand by a certain date and a warning of further legal action if she did not.

However, if the letter is neglected or rejected, this is usually the point at which a serious legal battle begins.

Defamation

Defamation happens when someone makes a false statement about you that damages your reputation. It can take two forms: slander (spoken) or libel (written).

For influencers as well as for corporations, defamation can have a huge impact because their reputation is their currency.

The influencer might have claimed that PepsiCo’s actions harmed her image in the Sierra Mist lawsuit. The association of the brand name would be misleading to the general public. This would further tarnish their credibility.

However, proving defamation isn’t always easy. The plaintiff must show that the statement was false, caused harm, and was made without proper justification.

For the influencer, defending against such a claim would involve proving that their use of “Cierra Mistt” was unrelated to the company or didn’t cause actual harm.

Defamation cases often highlight how critical protecting your reputation in today’s digital world is. A single misleading statement can have long-lasting effects, especially in the age of social media.

Copyright Infringement

Copyright infringement occurs when someone uses your creative work without your permission. This could involve music, videos, writings, or even designs.

Now, you need to understand that copyright and trademark laws are not the same. While trademarks protect brand names, copyright focuses on creative works.

NameStormers explains that a trademark protects names, logos, etc., and doesn’t expire simply because the product is discontinued, and the USPTO confirms PepsiCo still owns the Sierra Mist trademark.

However, understanding the difference is crucial in cases like this. For instance, if PepsiCo had copyrighted materials directly linked to the name—like videos or promotional content—it could strengthen its case.

Did PepsiCo Respond To Cierra Mistt’s Claim?

Surprisingly, believe it or not, the company has remained tight-lipped.

Currently, legal outlets such as Stemer Law and Tech & Media Law report that no lawsuit has been publicly filed, and USPTO records continue to show active registration for Sierra Mist.

This silence has left room for speculation. Did PepsiCo pursue legal action, or is this a misunderstanding blown out of proportion by the internet?

While Cierra Mistt confidently stated in her TikTok and YouTube videos that the dispute ended in her favor, PepsiCo has yet to confirm or deny its involvement.

However, without clarity from PepsiCo, the full story remains a mystery, leaving fans and followers to conclude. Additionally, it also makes me come to think: is this Sierra Mist lawsuit even true?

Is The Sierra Mist Lawsuit True?

It doesn’t seem to be easy to dig out the facts behind the Sierra Mist lawsuit, and in the end, the truth might remain elusive.

On one side of the argument, TikTok influencer Cierra Mistt had no doubts in mind when she said that PepsiCo filed a lawsuit against her. Supposedly, it was due to the similarity between her name and their former soda brand, Sierra Mist, that they sued her.

In order to support her narrative, she posted not only one but several videos on TikTok and YouTube, where she vaguely talked about a legal dispute and hinted at getting the upper hand.

But is there any proof behind these claims? 

"pepsi has discontinued sierra mist & replaced it with a lemon-lime soda called starry. did it have something to do with internet star cierra mistt?"

no. no, it did not.https://t.co/xg4Pj4hVbM

— alexandra j. roberts (@lexlanham) December 14, 2023

Unfortunately, it is not always as clear as day. For one thing, no confirmation from PepsiCo about such a lawsuit has been released, nor will it be.

On top of that, no concrete evidence, such as court documents or news reports, has surfaced to validate Mistt’s claims. This lack of transparency has left many wondering if there’s more to the story—or perhaps less.

The issue of Mistt’s supposed legal battle is among the subjects that online forums, including Reddit, have been discussing between the lines. One of the positions taken by some users is that the viral video is a mere publicity stunt.

They maintain that the fact that she came with her story right after the company had already stopped Sierra Mist and launched Starry was suspiciously convenient and therefore could not be genuine, but a clever trick to attract more followers.

Without a doubt, it could be the case that the lawsuit occurred in private and was dealt with discreetly, but one cannot overlook the lack of reliable information as a reason why Mistt’s words should not be taken literally.

PepsiCo’s Rebranding of The Citrus Soda

In January 2023, PepsiCo officially discontinued Sierra Mist and introduced its replacement, Starry. According to FoodNavigator-USA and KSBY, PepsiCo launched Starry in early 2023 as its new lemon-lime soda, replacing Sierra Mist as part of a reformulation and marketing refresh strategy.

As per their press release confirming this replacement, Greg Lyons, CMO at PepsiCo, said: 

“At PepsiCo, we are hyper-focused on consumer centric innovation, and we know there’s a strong demand for lemon lime flavored soda with the category continuing to accelerate…With one product dominating the category, consumers deserve another option…one that hits different. STARRY is bright, optimistic, and rooted in culture and fun.”

PepsiCo did not decide to bring back its citrus soda after a random draw. The corporation was confronted with the strong competition of Coca-Cola’s Sprite, which has been the leader of the lemon-lime soda market for decades.

Actually, Sierra Mist could hardly establish a presence in the market and had a lot of problems competing with other brands in spite of its long existence. Consequently, PepsiCo made the decision to bring about changes with the help of a new name and a daring marketing campaign that aimed at younger audiences.

The idea of Starry was to attract Gen Z and millennial consumers by concentrating on a bright and lively original concept.

PepsiCo launched the new drink, expecting to revive its position in the market. The purpose of PepsiCo was to show a new beginning with a different identity and a fresh look, thus avoiding the Sierra Mist fiasco.

There is no proof of a link between the time of the rebranding and Sierra Mist claims, even though the two events happened together. However, the overlap gave rise to speculation on the Internet, which fuelled the fascination and interest of soda and legal fans.

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