What if a soda company tried to take your name — and lost? That’s precisely what happened when viral TikToker Cierra Mistt exposed PepsiCo’s alleged legal threats over the similarity of her name to their discontinued drink, Sierra Mist. But instead of backing down, she flipped the script — and now she might own the trademark herself. Is this just internet drama, or did PepsiCo rebrand to Starry to dodge a lawsuit? Let’s break down the juicy details about the Cierra Mist lawsuit in this article.
What Is the Cierra Mist Lawsuit About?
The Cierra Mist lawsuit involves a viral TikTok creator named Cierra Mist, who claims PepsiCo sent her a cease-and-desist letter over the similarity of her name to its former soft drink, Sierra Mist. After investigating, she and her legal team discovered PepsiCo’s trademark had expired, prompting her to file for ownership. This raised major questions: Did PepsiCo rebrand Sierra Mist to Starry to cover a legal misstep?
Table of Contents
- Who Is Cierra Mistt?
- What Did PepsiCo Allegedly Do?
- Why Did PepsiCo Rebrand Sierra Mist to Starry?
- Was the Trademark Expired?
- What Is the Legal Basis of the Cierra Mist Lawsuit?
- What Could Happen to PepsiCo?
- Why Is This Going Viral?
- Trademark Law: Explained Simply
- Final Thoughts: PR Move or Legal Panic?
- FAQs
Who Is Cierra Mistt?
Cierra Mistt is a social media influencer and TikTok creator with a large following among Gen Z. Known for her travel content and hot takes on aviation, she suddenly gained massive attention when she posted a video accusing PepsiCo of bullying her over her name.
The name “Cierra Mistt” had always been her online persona. Even though she is a real person and not a soda firm, she was taken aback when PepsiCo legal teams contacted her to allege trademark violation.
What Was Allegedly Done by PepsiCo?
Cierra claims that she received a cease-and-desist letter from PepsiCo requesting that she quit using the name. Her brand name, according to the corporation, was too similar to Sierra Mist, their lemon-lime soda.
The catch is that PepsiCo reportedly lost ownership of the trademark.
Her legal team discovered that the Sierra Mist trademark had lapsed, making it public domain. After this disclosure, she was allowed to sue PepsiCo for harassment and abuse of legal authority, rather than the other way around.
Why Did PepsiCo Rebrand Sierra Mist to Starry?
Early in 2023, PepsiCo launched Starry, a new citrus beverage targeted at younger users, and unexpectedly cancelled Sierra Mist.
Official Reason: According to PepsiCo, Starry was more suited to compete with Sprite since it had a stronger flavour.
Unofficial Theory: According to Cierra Mistt, the rebranding was a smokescreen created by the trademark’s expiration and potential legal repercussions. She alleges that PepsiCo rushed the Starry launch to quietly bury the Sierra Mist brand and avoid facing her legal claims.
Was the Trademark Expired?
Public trademark databases indicate that Sierra Mist’s registration was not renewed in a timely manner. In trademark law, if a company fails to use or defend its trademark actively, it enters the public domain.
Cierra’s legal team acted quickly — they applied to own the “Sierra Mist” trademark under her spelling, citing public confusion and her own established online identity.
This legal nuance forms the core of the Cierra Mist lawsuit. The key claim? PepsiCo no longer had legal rights to threaten her over the name.
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What Is the Legal Basis of the Cierra Mist Lawsuit?
Cierra Mistt may pursue action against PepsiCo based on:
- False claims of ownership (if the trademark expired)
- Defamation or coercion, if the cease-and-desist harmed her brand
- Emotional distress or financial damage, due to corporate pressure
Trademark law states that unregistered marks can still be used in commerce, particularly when used publicly, consistently, and in a manner that precedes competitors.
If Cierra can show she used the name “Cierra Mistt” before PepsiCo revived interest in Sierra Mist, she may have a strong legal case.
What Could Happen to PepsiCo?
If this lawsuit progresses, potential outcomes include:
- Public backlash for corporate intimidation
- Loss of control over Sierra Mist IP, especially in digital/creator spaces
- Forced disclosure of internal rebrand documents, if tied to the legal threat
- Financial damages or settlement
It’s unlikely PepsiCo will face massive fines, but the reputational damage, especially among Gen Z, who are Cierra Mistt’s primary fans, could hurt brand loyalty.
Why Is This Going Viral?
Several factors make this story headline-worthy:
- David vs. Goliath: A lone TikTok creator fighting PepsiCo
- Trademark drama: A billion-dollar brand loses control over its name
- Conspiracy vibes: Alleged cover-up via sudden product rebrand
- TikTok virality: Cierra’s videos have millions of views
In the age of social media litigation, brand behavior is under constant surveillance. Once her story broke, users quickly started questioning the Starry rebrand, making this more than just a soda swap.
Trademark Law: Explained Simply
Understanding this case requires a bit of trademark basics:
- A trademark protects names, logos, slogans, and brand identities.
- You must renew and use your trademark; otherwise, it may lapse.
- Anyone can file for abandoned marks, mainly if they have been used commercially.
- You can’t bully individuals over trademarks you no longer own.
In Cierra’s case, PepsiCo may have attempted to enforce rights it no longer held, which could qualify as trademark bullying — something courts take seriously.
Conclusion: PR Move or Legal Panic?
The Cierra Mist lawsuit is more than just a quirky internet drama. It reflects:
- The fragility of corporate trademarks in the digital age
- The power of individual creators to challenge billion-dollar firms
- The importance of transparency in rebranding decisions
Was Starry created to chase Gen Z soda fans? Or was it a rushed escape from a looming legal threat? Until court filings surface or a settlement is reached, the truth remains tangled in trademarks and PR spin.
FAQs
Is Cierra Mistt suing PepsiCo?
Not yet officially, but her legal team is preparing for possible litigation. She has already filed for trademark ownership.
Did PepsiCo lose the Sierra Mist trademark?
Yes, the public record shows their trademark expired before the rebrand to Starry.
Is Starry just a renamed Sierra Mist?
Technically, no — it has a different formula. But some believe it’s a legal sidestep rather than a true product innovation.
What happens if Cierra Mistt wins?
She may gain full rights to the Sierra Mist name, force PepsiCo into a settlement, or even become part of Pepsi’s branding (though unlikely).
Disclaimer: This article provides a general overview of the Cierra Mist Lawsuit, based on publicly available information, and is intended for informational purposes only. It does not constitute legal advice.
