Sierra Mist Lawsuit Details - Lawguage (2024)

The Sierra Mist lawsuit has been a topic of heated discussion on the internet. The lawsuit involves PepsiCo suing TikTok star Cierra Mistt, known for her flight attendant videos. We’ll dive deep into the detail of lawsuit is about and its implications for both the parties involved and the broader industry.

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Sierra Mist: The Soda Saga

Sierra Mist was a lemon-lime soft drink line debuted by PepsiCo in 1999. The beverage, with its mountain-inspired name, was a popular choice among consumers seeking a lighter carbonated drink option. The soft drink evolved through rebrandings and formula changes, adapting to consumer preferences and market trends.

However, in January 2023, Sierra Mist was discontinued, and a new lemon-lime soda named “Starry” was introduced. This sudden withdrawal of Sierra Mist from the market left its loyal fans puzzled and longing for answers.

Controversy: Sierra Mist versus Cierra Mistt

The crux of the Sierra Mist lawsuit revolves around the clash between PepsiCo and Cierra Mistt. The legal battle ensued after PepsiCo accused Cierra Mistt of infringing upon their trademark for Sierra Mist by using a similar name on social media platforms.

This lawsuit has generated significant attention and curiosity on the internet, particularly among the online community of Cierra Mistt’s followers. The TikTok star has been very vocal about the lawsuit, sharing her side of the story on her social media platforms, which only added fuel to the fire.

Accusations: A Closer Look

The allegations against Cierra Mistt are centered on the premise that her use of the name “Cierra Mistt” infringes upon PepsiCo’s trademark for Sierra Mist. The company claims that this could potentially confuse consumers and dilute the value of their trademark.

In response to these allegations, Cierra Mistt took to her social media accounts to defend herself, stating that PepsiCo had accused her of trademark infringement. She not only denied any wrongdoing but also proclaimed victory in the legal battle against PepsiCo.

PepsiCo’s Silence: Fueling Speculation

Despite the widespread attention and discussion surrounding the Sierra Mist lawsuit, PepsiCo has remained silent on the matter. This lack of official confirmation from the company has led to further speculation and debate online.

This standoff underscores the complexities surrounding intellectual property rights in the digital age, especially when it comes to online branding. It also highlights the power of social media platforms in influencing public opinion and shaping the narrative around such disputes.

Outcome: An Unresolved Mystery

While the Sierra Mist lawsuit continues to be a topic of discussion, the actual outcome of the legal dispute remains unclear. Cierra Mistt has claimed victory, but without any official statement or confirmation from PepsiCo, it’s hard to ascertain the truth.

This case serves as a cautionary tale for content creators and corporations alike. It highlights the need for clear understanding and respect for intellectual property rights, especially in the age of social media. These days, the lines between personal and corporate branding can often blur.

Sierra Mist Rebranding: A Strategy or A Coincidence?

Parallel to the Sierra Mist lawsuit, another significant development was the rebranding of Sierra Mist to Starry. This decision by PepsiCo sparked discussions and debates online. Some even speculated that the rebranding has something to do with the lawsuit.

However, PepsiCo has clarified that the decision to rebrand was part of their strategy to revamp their lemon-lime soda offering. They aim to compete more effectively against other popular brands in the market. Many believe Starry is an attempt by PepsiCo to cater to the evolving preferences of the younger generation.

Aftermath: Impact and Implications

The Sierra Mist lawsuit and the subsequent rebranding have had significant implications for both PepsiCo and Cierra Mistt. On one hand, PepsiCo has had to navigate a potential reputational crisis, while on the other, Cierra Mistt has had to defend herself against accusations of trademark infringement.

This case also serves as a wake-up call for corporations to safeguard their trademarks in the digital age. It underscores the need for companies to have robust strategies in place to protect their brand names from potential infringements, especially on social media platforms.

While the actual outcome of the lawsuit remains a mystery, the saga serves as a learning opportunity for other companies and influencers. The digital landscape continues to evolve. It’s essential to stay updated on the latest developments in intellectual property law to avoid similar disputes in the future.

FAQs about The Sierra Mist Lawsuit

  1. What is the Sierra Mist lawsuit?The Sierra Mist lawsuit is a legal dispute between PepsiCo and TikTok influencer Cierra Mistt over the alleged infringement of the Sierra Mist trademark.
  2. Why was Sierra Mist discontinued?Sierra Mist was discontinued in January 2023 to make way for a new lemon-lime soda named “Starry”.
  3. What are the accusations against Cierra Mistt?Cierra Mistt is accused of infringing upon PepsiCo’s trademark for Sierra Mist by using a similar name on social media platforms.
  4. What has been PepsiCo’s response to the lawsuit?PepsiCo has remained silent on the issue and has not released any official statement regarding the lawsuit.
  5. What is the outcome of the Sierra Mist lawsuit?The actual outcome of the lawsuit remains unclear. Cierra Mistt has claimed victory, but without any official statement from PepsiCo, it’s hard to ascertain the truth.
Sierra Mist Lawsuit Details - Lawguage (2024)

FAQs

Did Sierra Mist lose their copyright? ›

Cease and Desist, Sierra Mist

Since Mistt felt like she was being “intimated and gaslit” by the company, she bought the copyright. According to the Copyright Office, copyright protection lasts only for a limited time period. After protection expires, the work enters the public domain.

Why was Sierra Mist changed to Starry? ›

Starry is a lemon-lime soft drink distributed by PepsiCo. Distribution began in January 2023. The brand is aimed at competing against Sprite and 7 Up. In January 2023, Starry replaced Sierra Mist as Pepsi's lemon-lime flavored drink, in part because Sierra Mist failed to gain market share in the growing category.

Why is Sierra Mist discontinued? ›

But as shifting consumer tastes steered the beverage industry toward healthier drink options, and as PepsiCo itself focused innovation efforts on categories like sparkling water instead of struggling legacy brands, Sierra Mist's modest but loyal customer base proved insufficient to prevent its sunset.

Can you still buy Sierra Mist? ›

In January 2023, Pepsi announced the discontinuation of the brand; Sierra Mist has been replaced with Starry.

Did Pepsi Sue cierra mist? ›

So as you guys know, Pepsi tried to sue me for the copyright of Sierra Mist. Little did they know that their trademark had actually expired.

How long does a copyright last? ›

Generally, for most works created after 1978, protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first.

Are Starry and 7 Up the same? ›

Is Starry the same as 7Up? No, Starry is not the same as 7Up. While both are lemon-lime sodas, they are produced by different companies and have different flavor profiles.

Does Starry still taste like Sierra Mist? ›

Sierra Mist, for one, is almost cloyingly sweet. The cane sugar adds a complex and intense sweetness that pushes the lemon-lime notes to the wayside. Starry's high fructose corn syrup is a cleaner, more neutral source of sugar that makes the citrus pop. The flavor is more crisp and refreshing.

Is Starry just Sprite? ›

Starry certainly has a unique flavor, with hints of starfruit and citrus, but it's just not as refreshing as Sprite. Sprite has a crisp, clean taste that quenches your thirst and leaves you feeling energized.

Why did Sierra Mist change its name in the lawsuit? ›

Now, a TikTok creator, Cierra Mistt, is speaking out about the soda name change. She claims that PepsiCo took legal action against her, due to her name's likeness to PepsiCo's soda Sierra Mist. Her accusations have gone viral on platforms like TikTok, sparking conversations and speculations.

Why did Pepsi stop with Sierra Mist? ›

category has been increasingly growing, with brands like Culture Pop Soda, OLIPOP, Sprite Zero, as well as the staples like 7UP and Sprite. already taking up significant market share. Sierra Mist was just never able to gain. the traction that Pepsico wanted them to, so they rebranded to gain more market share.

What did Sierra Mist used to be called? ›

Sierra Mist was born in 1999, using the Storm formula minus the caffeine, but it was never a huge seller. In 2015, PepsiCo rebranded Sierra Mist as Mist Twist before reverting to the original name, then abandoning it altogether to make a fresh attempt with Starry.

Why is it so hard to find Sierra Mist? ›

Fans of the beverage Sierra Mist were disappointed when the drink disappeared in January. At that time, PepsiCo announced that the lemon-lime soda would be discontinued and replaced by a new drink called Starry.

Did Sierra Mist use real sugar? ›

(Sierra Mist was made with real sugar, while Starry uses high-fructose corn syrup.) Because it was less cloying, Starry's citrus flavor read cleaner and crisper than in the older formula. Sharper bubbles came through in the Starry, too.

Is cierra mist really a flight attendant? ›

Yes, she is a real flight attendant. She was a crew member for Republic Airways.

What was Sierra Mist called before? ›

Sierra Mist was born in 1999, using the Storm formula minus the caffeine, but it was never a huge seller. In 2015, PepsiCo rebranded Sierra Mist as Mist Twist before reverting to the original name, then abandoning it altogether to make a fresh attempt with Starry.

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