PepsiCo decided to discontinue Sierra Mist in January 2023 and replace it with a new lemon-lime soda called Starry. The decision aimed to refresh its offering in the lemon-lime soda market, dominated by Coca-Cola’s Sprite.
It markets Starry as a drink for “a generation of irreverent optimists” and is positioning it as “the next choice of the new generation,” which is highlighted on their website and in marketing campaigns.
Starry is available in both regular and zero-sugar versions and is described as having a crisp, refreshing lemon-lime flavor.
Cierra Mistt, a TikTok creator, has indeed made headlines recently by claiming that PepsiCo took legal action against her due to the similarity of her name to their discontinued soda, Sierra Mist.
Her accusations quickly went viral on TikTok and other social media platforms, prompting discussions and speculations about the potential legal issues surrounding trademark infringement and name likeness.
Cierra Mistt’s claims have sparked debates among her followers and the broader online community, with many questioning whether PepsiCo could take such actions over a name similarity.
Some speculate it might be a publicity stunt or exaggeration, while others express concern over the implications for content creators and influencers using names that resemble well-known brands.
PepsiCo has not made any public statements confirming or denying the legal action claims, which has only fueled further discussions and curiosity online.
Ciera Misst, a TikToker known for her engaging content as a flight attendant, has been using her online name since the early days of platforms like AOL Instant Messenger.
In a YouTube video from July 2023, she claimed that PepsiCo accused her of trademark infringement due to the similarity between her name and their former soda brand, Sierra Mist.
In the video, Ciera mentioned that she couldn’t provide further details about the situation because of “legal reasons,” suggesting that there might be ongoing legal proceedings or agreements restricting her from disclosing more information.
Her statement has since sparked curiosity and discussions across social media platforms, with many wondering about the nature and legitimacy of the claims and the potential legal challenges faced by influencers and content creators whose names or brands might resemble well-known trademarks.
At this point, it’s unclear what, if any, formal legal action PepsiCo has taken, as the company has not publicly addressed these allegations.
TikToker Ciera Misst, known for her flight attendant content, claimed that PepsiCo sent her a cease and desist letter and threatened to sue her for “copyright infringement and defamation” due to the similarity of her name to their discontinued soda, Sierra Mist.
She initially mentioned in a YouTube video from July 2023 that she was accused of trademark infringement and couldn’t share more details for “legal reasons.”
Her claims have since gone viral, sparking discussions about corporate legal actions against content creators over name likeness and online statements. PepsiCo has not publicly commented on the situation. She continued,
“Apparently, my content and being a spicy flight attendant doesn’t align with their core values.”
TikToker Ciera Misst revealed that she nearly agreed to PepsiCo’s demands to change her name after receiving a cease and desist letter.
However, she and her lawyer discovered that the company’s rights to the “Sierra Mist” trademark had expired. Feeling “intimidated and gaslit” by PepsiCo, she decided to purchase the copyright for the name herself.
Copyright protection does indeed last for a limited time, after which the work enters the public domain.
If someone purchases the copyright, the previous holder is notified. However, when it comes to trademarks, the process is different.
According to The Trademark Factory, trademark offices do not remind owners to renew their registration. Instead, they wait for the owner, their attorney, trademark agent, or another interested party to handle the renewal process.
If the trademark owner is not interested in renewing or misses the deadline, the trademark is removed from the register and considered abandoned.
This means that, in the case of Ciera Misst, if PepsiCo’s trademark for “Sierra Mist” was not renewed, it would be marked as abandoned, allowing her to potentially claim the rights to it. She continued,
“They have been around long enough to know that just switching the names adds more emphasis on questions versus the actual rebranding process.”
