Sierra Mist Lawsuit: Was There Really That Great Clash of the Titans between PepsiCo and the Influencer over Identity Theft?

Hello. Today, I will talk about the very viral Sierra Mist case-an issue that cut across all walks of life.

In December 2023, TikToker Cierra Mistt opened the conversation unfolding the text, claiming that PepsiCo had sued her and lost. Her videos racked in an enormously high engagement rate, and the very thought of it sent people dizzy-thirsty for a bigger scoop! I mean, PepsiCo is one GLORIOUSLY BIG name!

You see, for influencers, their online name is no whimsy—their brand, their business, and their means of livelihood.

So PepsiCo’s lawsuit for trademark infringement against her for using the name Cierra Mistt, phonetically close to “Sierra Mist” (their iconic lemon soda first introduced in 1999), raised a critical scuffle between disastrous lawyers and legal scholars: Who owns a name in the reign of social media and giant corporations?

And guess what? It got complicated further when PepsiCo would later replace Sierra Mist with the name “Starry.”

True or false, this case defines the classic scenario where personal branding meets corporate trademarks.

It also epitomizes the challenges creators face when their works come into conflict with huge corporate interests. If you are eager for more reasons and ways to avoid being drawn in by this, do not hesitate to continue reading!

The Sierra Mist Lawsuit: The Story Behind Cierra Mistt Vs. PepsiCo

When internet personality Cierra Mistt alleged that PepsiCo, the beverage giant behind Sierra Mist, went after her legally, a viral TikTok storm erupted.

What was the issue? The plaintiff alleged that her alias, or the online persona name of Cierra Mistt, bears an almost identical sound to PepsiCo’s name for an expired soda called Sierra Mist. Naturally, these claims gave rise to widespread speculation and support in cyberspace.

The whole controversy arose from PepsiCo’s discontinuation of its iconic Sierra Mist soda in January 2023 and the replacement of it with a new lemon-lime drink called “Starry.”

In the interim, TikToker Cierra Mistt, who creates entertaining flight attendant content, said she had been using her name since AOL Instant Messenger.

In a video she uploaded to YouTube in July 2023, she alleged that PepsiCo had accused her of trademark infringement for using her online alias.

While she claimed she could not reveal all the details due to “legal reasons,” she also very strongly suggested that she had won a case against the soda giant.

She went further in a February 2023 TikTok, stating that Pepsi had tried to sue her and lost while clarifying in the video description that the matter had been an “amicable resolution.”

This fascinating case thus shows the turf war between personal branding and corporate trademarks in today’s digital world, leaving many wondering about the legal limbo influencer identities inhabit.

Protecting Your Brand Identity: An Overview of Trademark Laws

Trademark laws guard names, symbols, logos, or phrases representing a commercial brand of a business or individual. Think of it in this way: if you have created a new brand name or logo, trademark laws will not allow others to use the same design unless you permit it.

The trademark is in place to protect your brand identity, so others cannot take advantage of your time and effort. For example, McDonald’s golden arches or Apple’s bitten apple represents very famous trademarks.

During the Sierra Mist lawsuit, the influencer may have claimed online persona “Sierra Mist” to be a part of their brand and should be afforded protection under trademark law.

However, for a name to qualify as a trademark, it would normally have to be registered. This is where trouble can start for influencers, many of whom rarely think about securing a trademark for their online name until a conflict arises.

Generally, the dispute around trademarks comes down to whether the name in question is confusing. This would be a proper court argument if Sierra Mist, the soda made by PepsiCo, made people start thinking of the influencer. The real intent of the trademark laws is to ban such confusion with some balance to the rights of each of the parties.

Cease and Desist Letter

A cease and desist letter is a letter generally used as the first step in any legal procedure. This shall be a formal warning letter sent from one party to the other demanding that they cease and desist from some conduct that infringes upon their rights.

For example, such a letter might assist in a trademark matter, in a copyright matter, or even a defamation matter.

In the Sierra Mist case, the influencer alleges that PepsiCo sent her a cease and-desist letter asking her to stop using the name “Cierra Mistt” alleging that it sounds similar to its soda brand.

The letter would have set forth the basis for the demand (such as possible brand confusion or unauthorized use of identity), possibly requiring Cierra to respond within a certain time frame, and threatening her with legal action if she did not comply.

A cease and-desist letter is important because disputes can often be settled through them without having to go through litigation. It gives the offending party the opportunity to rectify the situation before the conflict escalates.

In the event the letter is ignored or brushed off, on the contrary, is usually entering into full-blown litigation.

Defamation

When a false statement is made about you that troubles you and harms your reputation, you ask for redress in defamation cases. There are two types: Slander, which is spoken about, and Libel, which is written production.

For the influencers and corporations, any person or group engaging in defamation attacks can truly destroy reputations, as that is their currency.

In the Sierra Mist case, the influencer might have alleged that PepsiCo’s actions tarnished her image: more specifically, that use of the brand name would have been misleading to the general public and would have, in turn, put an additional bad stain on their name.

However, going through defamation is not always straightforward. The plaintiff must establish falsity of the statement, harms that followed therefrom, and lack of justification for making such a statement.

An influencer accused of defamation would have to show that the practice, use, or utterance of the phrase “Cierra Mistt” was not related to the company or did not cause actual damage.

This only emphasized how important the protection of one’s reputation is in the modern world, where a defamatory statement could brand a person or company for years, particularly in the social media era.

Copyright Infringement

Copyright infringement refers to the unauthorized use of your creative work. This may include any music, videos, writing, or designs. Copyright laws are designed for the protection of the creators who, as a consequence, come to have some control regarding the manner in which their work is used.

Copyright law is different from trademark law. Trademarks seek to ensure the protection of brand names whereas copyright considers the creative work.

The matter has to be fully understood in cases such as this. For example, if PepsiCo actually held copyrights for materials directly linked to the name—in other words, for videos or promotional materials—then this could be an advantage to their case.

PepsiCo’s Official Statement on Cierra Mistt’s Allegations

The company found itself in the limelight when TikTok creator Cierra Mistt accused them of taking legal action against her.

Among the much-talked-about influencer, Mistt is famous for her flight attendant content. She claims that PepsiCo intends to sue her for trademark infringement because of her name’s similarity to the former soda brand, Sierra Mist.

So what did PepsiCo say in response to these allegations? Surprisingly, the company has remained tight-lipped.

PepsiCo has yet to put forth an official response to Mistt’s claims, keeping the public into a frenzy of speculations. Do these speculations stem from an actual legal action being pursued by PepsiCo, or is it simply a misunderstanding that the community has blown out of proportion?

Moving forward, Cierra Mistt claimed with great confidence on both TikTok and YouTube that she had won the conflict, but there has been no confirmation or denial from PepsiCo.

The situation raises some questions about how corporations handle conflicts involving online personalities, especially now that influencer branding has become very powerful. It also brings to light that precarious edge between protecting a trademark and the risk of public shaming in the digital age.

On the contrary, in the absence of any clarity from PepsiCo, the real scoop remains in the dark, leaving fans and followers to decide. Plus, this swell of mystery makes me think: Is this Sierra Mist lawsuit even true?