Fans of Sierra Mist were left disappointed when the drink was discontinued in January. PepsiCo announced that it would be replaced by a new lemon-lime soda called Starry, which the company describes as a “soda for a generation of irreverent optimists.” According to PepsiCo’s website, Starry is marketed as “the next choice of the new generation.”

Recently, a TikTok creator named Cierra Mistt has spoken out about the name change. She alleges that PepsiCo has taken legal action against her due to the similarity between her name and the former soda’s name. Her claims have gone viral on platforms like TikTok, leading to widespread discussion and speculation.

TikToker Ciera Misst, known for her engaging flight attendant content, shared in a video that she has been using her online name since the days of AOL Instant Messenger. In a YouTube video from July 2023, she claimed that PepsiCo accused her of trademark infringement but noted she couldn’t provide further details due to “legal reasons.”

In her recent videos, she revealed that the beverage company sent her a cease and desist letter, threatening to sue for “copyright infringement and defamation.” She remarked, “Apparently, my content and being a spicy flight attendant doesn’t align with their core values.” Although she initially considered changing her name, she and her lawyer discovered that PepsiCo’s rights to “Sierra Mist” had expired. Feeling “intimidated and gaslit” by the company, she decided to purchase the copyright herself.

According to the Copyright Office, copyright protection is only temporary. Once it expires, the work enters the public domain. If someone acquires the copyrights, the previous holder is notified. The Trademark Factory, which handles trademark registrations, does not send reminders for renewal; they rely on the owner, their attorney, or other interested parties to prompt them to submit the renewal. If the trademark owner chooses not to renew and misses the deadline, the trademark is removed from the register and deemed abandoned.

The content creator noted that after securing the rights to Sierra Mist, she could pursue legal action against PepsiCo. However, she described the company’s actions as a “PR move of rebranding.” She stated, “They’ve been around long enough to know that simply changing names raises more questions than it does in the rebranding process.” She also mentioned that they introduced “extra” elements, such as new flavors and ingredients, to bolster the rebranding effort.

 

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PepsiCo has not responded to Cierra Mistt’s claims.