Sierra Mist vs. Cierra Mistt: When Brands Collide With Influencers in Trademark Disputes

In an era where influencers have created personal brands that rival traditional corporations in reach and influence, legal conflicts over brand identity have become increasingly common.

A recent legal dispute between beverage giant PepsiCo and TikTok influencer Cierra Mistt illustrate how complex these disputes can be, especially when personal branding meets established corporate trademarks.

The background of the case

The case started when PepsiCo, the company behind the now-discontinued lemon-lime soda Sierra Mist, issued a trademark complaint against social media influencer Cierra Mistt.

With millions of followers on her social media platforms, Cierra Mistt has built a prominent online persona.

According to Cierra, PepsiCo argued that her chosen name was confusingly similar to “Sierra Mist.”

PepsiCo's concerns highlight a significant issue for companies with well-known trademarks: brand dilution and the risk of consumer confusion.

Cierra Mistt's response to the legal battle: A claim of prior use

Cierra Mistt and her legal team countered PepsiCo's claims, noting that Pepsi’s federal trademark protection had already expired.

She maintained that this is a case of corporate intimidation.
She also alleges that PepsiCo’s product name change for their lemon-lime drink from Sierra Mist to Starry was due to their losing the dispute. 

This raised an interesting question for the public: If a trademark registration lapses, does that mean the brand's ownership or control of the name ends?

Trademark law nuances: Expiration vs. common law rights

Although a trademark registration can indeed lapse, it doesn't mean the original owner loses all rights to the name.

A brand can retain certain protections under common law even without active registration. Common law rights, based on consistent use in commerce, can still provide legal leverage.

If a brand has been used extensively and is recognized in the market, common law can still protect against others adopting similar names that might lead to confusion.

This serves as a critical reminder: The expiration of formal registration doesn't automatically give a free pass to new users.

The challenges of influencer vs. corporate brands

The Sierra Mist and Cierra Mistt case is part of a larger trend where influencers, YouTubers, and content creators encounter legal disputes over names and identities that resemble established brands.

With influencer marketing on the rise, individual personas are more powerful and lucrative than ever, blurring the line between "personal" branding and business.

For corporations, this trend presents a challenge. If influencers build a following around names that resemble corporate trademarks, they might unintentionally create associations with these brands, even without explicit intent.

As a result, corporations may view these similarities as a threat to their own brand's distinctiveness and respond with legal action.

Lessons for influencers and brands

This case offers essential takeaways for both corporations and influencers:

1. Do your research: Influencers and individuals building a personal brand should conduct thorough trademark searches to identify potential conflicts with established brands. Legal advice can help determine whether a chosen name might infringe upon existing trademarks, even if it feels like a personal choice.
2. Corporations should consider context: While companies have the right to protect their trademarks, it's crucial to consider the public perception and brand loyalty impact of suing smaller, individual creators. These actions can sometimes result in negative press or backlash if perceived as aggressive or unnecessary.
3. Common law and expiration implications: Trademark expiration doesn't necessarily mean the brand is up for grabs. Common law rights can still be enforced if the brand name has a recognizable commercial association, a critical point for creators to understand.
4. Legal distinctions matter: For the public, cases like this highlight the differences between various forms of intellectual property. Trademark law protects names, logos, and brand identifiers used in commerce, while copyright law pertains to creative works. Misunderstanding these distinctions can lead to costly legal battles.

Conclusion: A new era of brand protection

The Sierra Mist vs. Cierra Mistt dispute exemplifies the evolving landscape of brand protection and intellectual property rights.

As influencer marketing continues to grow, corporations will likely find themselves navigating more cases where digital identities intersect with established brand names.

For content creators and influencers, understanding trademark law and consulting legal experts before building a personal brand can be crucial steps in avoiding legal pitfalls.

Ultimately, the case demonstrates how trademark disputes are becoming more common and complex in the influencer age.

By staying informed and vigilant, both corporations and influencers can coexist, innovate, and build strong brands without encroaching on each other's territories.