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

Hi. In today’s article, I will talk about the viral Sierra Mist lawsuit—a story that caught everyone’s attention.

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?

And guess what? Things got even more complicated when PepsiCo later replaced Sierra Mist with “Starry.”

Now, irrespective of whether it is true, this case is a classic example of how blurry the lines can get between personal branding and corporate trademarks.

It also highlights creators’ challenges when their work collides with big businesses. So, if you want to know more about this and how you can dodge a bullet like this, I have you covered! Therefore, keep reading this blog until the end, and thank me later…

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.

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 often the first step in any legal dispute. It’s essentially a formal warning sent by one party to another, demanding they stop doing something that infringes on their rights.

These letters are used in cases involving trademark disputes, copyright issues, or defamation.

In the Sierra Mist lawsuit, the influencer claims that PepsiCo sent her a cease and desist letter, asking her to stop using the name “Cierra Mistt” as it sounds the same as their soda brand.

The letter would have outlined the reasons for the demand, such as brand confusion or unauthorized use of the identity. It might also have included a deadline for Cierra to comply and warned of legal action if she didn’t.

A cease and desist letter is important because it often helps resolve disputes without going to court. It allows the offending party to fix the issue before things escalate.

However, if the letter is ignored or dismissed, it usually signals the start of a full-blown legal battle.

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. Copyright laws exist to protect creators, ensuring they have control over how their work is used.

However, copyright and trademark laws are not the same. While trademarks protect brand names, copyright focuses on creative works.

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 their case.

PepsiCo’s Response to Cierra Mistt’s Claim

PepsiCo was in the spotlight when TikTok creator Cierra Mistt accused the company of taking legal action against her over her online name.

Mistt, a popular influencer known for her flight attendant content, claimed that PepsiCo had accused her of trademark infringement because of the similarity between her name and their former soda brand, Sierra Mist.

So, how did PepsiCo respond to these allegations? Surprisingly, believe it or not, the company has remained tight-lipped.

Currently, there’s no official statement from PepsiCo addressing Mistt’s claims. 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.

This situation raises questions about how corporations handle conflicts with online personalities, especially as influencer branding becomes more powerful. It also highlights the delicate balance between protecting a trademark and avoiding public backlash in the digital age.

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?

The truth is murky regarding the Sierra Mist lawsuit, and reaching a solid conclusion isn’t easy.

On the one hand, TikTok influencer Cierra Mistt confidently claimed that PepsiCo tried to sue her for trademark infringement due to her name’s similarity to their former soda brand, Sierra Mist. She even shared videos on TikTok and YouTube, hinting at a legal battle and suggesting she had emerged victorious.

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, things aren’t as straightforward as they seem. For starters, PepsiCo has made no official statement confirming or denying the lawsuit.

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.

Several online forums, including Reddit, have questioned the authenticity of Mistt’s allegations. Some users have gone as far as calling the viral video a publicity stunt.

They argue that the timing of her claims—just months after PepsiCo discontinued Sierra Mist and launched Starry—was suspiciously convenient, making it seem like an effort to boost her online visibility rather than a genuine legal issue.

While it’s possible that the lawsuit happened behind closed doors and was quietly resolved, the absence of verifiable information makes it difficult to take Mistt’s claims at face value. We know that her videos sparked a lot of buzz, gaining attention for her brand and PepsiCo’s soda’s rebranding.

PepsiCo’s Rebranding of the Citrus Soda

The controversy surrounding Cierra Mistt coincided with a major move by PepsiCo: the rebranding of their long-standing lemon-lime soda, Sierra Mist.

In January 2023, PepsiCo officially discontinued Sierra Mist and introduced its replacement, Starry. But why the change?

PepsiCo’s decision to relaunch its citrus soda wasn’t random. The company faced stiff competition from Coca-Cola’s Sprite, which dominated the lemon-lime soda market for decades.

Despite being around since 1999, Sierra Mist struggled to carve out a strong identity and compete effectively. In response, PepsiCo decided to shake things up with a new name, Starry, and a bold marketing strategy aimed at younger audiences.

Starry was designed to appeal to Gen Z and millennial consumers, focusing on a fresh, vibrant image.

PepsiCo described the new soda as having a “crisp, refreshing taste,” hoping to rejuvenate its standing in the market. PepsiCo aimed to signal a fresh start by rebranding, leaving behind Sierra Mist’s underwhelming performance.

While the timing of the rebranding coincided with Mistt’s claims, there’s no evidence linking the two events.

However, the overlap fueled online speculation, making this case even more intriguing for soda fans and legal enthusiasts.

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