Sounds like bullshit.
As you said, this falls under trademark law, not copyright law. Trademarks don't expire and are valid as long as the holder uses and defends it. That's why Kleenex is adament the generic product term is "facial tissue," because allowing the trademarked brand to become a generic term threatens their trademark. Same with Band-aid.
Ultimately trademarks don't exist to protect IP; they're for consumer protection to prevent confusion between products or companies. I don't think a "reasonable person" would confuse Sierra Mist with Cierra Mistt.
A footnote here: Trademarks usually are industry specific.
"Sierra Mist" the soft drink isn't likely to be confused with "Sierra Mist", the hypothetical manufacturer of irrigation equipment to water plants. So the trademarks aren't likely to infringe.
However, facts and circumstances can often apply in legal matters. If the person known as Cierra Mistt has a logo that strongly resembles the drink's logo, or there are other similarities, that might be a problem.
It’s a complex area of law. To show it, think of Delta airlines and Delta plumbing- two major companies with the exact same trade name in different industries
>That's why Kleenex is adament the generic product term is "facial tissue," because allowing the trademarked brand to become a generic term threatens their trademark. Same with Band-aid.
[Don't Say Velcro!](https://www.youtube.com/watch?v=rRi8LptvFZY)
Once you own a trademark registration, you must do a few important things to maintain that registration and keep it alive. First, you must use your trademark in commerce. Additionally, you must file certain documents at regular intervals to show that you're continuing to use your trademark. If you don't file these documents before the deadline, your registration will be canceled or will expire, or your extension of protection to the U.S. will be invalidated (if you filed via WIPO under the Madrid system). Exceptions to the requirement to use your trademark are rare.
Source: federal patent and trademark office accessed 27 JUN 24
Not got mention that the trademarks, while similar, are in completely different markets and are unlikely to be confused. None of this makes sense.
Pepsi just did a rebranding since Sierra Mist failed to compete with Sprite. It was discontinued before they brought bit back with the new name but it wasn’t give for very long so the idea that any remade name expired doesn’t make sense.
There isn't a single article on this from a source I'd trust - at least not one that "Cierra Mist Lawsuit" turned up, and honestly I don't care enough to try more.
I can't say with 100% certainty it's bullshit but it ***does*** seem ***vastly*** more likely that a clout chasing TikTok nuisance would make up some bullshit for clicks to me.
Sierra Mist and Starry are not the same thing. Sierra Mist was made with cane sugar while Starry is made with high fructose corn syrup and yes flavor wise there is a difference why else do so many Americans seek out "Mexican Coke" and horde "kosher for passover Coke?"
Before Sierra Mist it was Slice. Before that it was Teem. Pepsi has changed the name a lot for their lemon-lime soda. They probably figured out that a name change would sell better.
You can probably date someone's age based on what they remember.
Yes they do. They expire after 10 years but you can renew the trademark an unlimited number of times making them forever. It's unlikely that they "just forgot" to renew the trademark but it has happened before.
Just a rule of thumb, most controversy on the internet is fake and is designed to get clicks. Go ahead and just ignore most post on TikTok or instagram, and you will be healthier.
https://tsdr.uspto.gov/#caseNumber=78003846&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
Here’s one of the several very much active trademarks for Sierra Mist owned by Pepsi.
Yes, it’s bullshit.
This crazy, delusional woman could absolutely sue Pepsi claiming whatever she wants. Doesn't mean any of it is true. Possible Pepsi paid her to just go the fuck away.
There is no way a global multi billion dollar company with more lawyers than most have employees would let a treasured trademark expire unintentionally. And you can't buy a trademark just because it is expired. You'd have to apply for your own trademark using that name for your specific trade. And no it cannot be the same look, name, industry, etc. Because even expired the previous holder can challenge the application.
She is delusional
This is coming from the same "influencer" who films orgies with her coworkers and then claims her Mormon/virgin boyfriend got her pregnant
To say the least, I do not believe a single thing she says
No. The Mountain Dew ripoff is Mellow Yellow. Sierra Mist was a Sprite ripoff
Also. Sierra Mist and Mountan Dew are both Pepsi products. Why would Pepsi rip itself off?
Sounds like bullshit. As you said, this falls under trademark law, not copyright law. Trademarks don't expire and are valid as long as the holder uses and defends it. That's why Kleenex is adament the generic product term is "facial tissue," because allowing the trademarked brand to become a generic term threatens their trademark. Same with Band-aid. Ultimately trademarks don't exist to protect IP; they're for consumer protection to prevent confusion between products or companies. I don't think a "reasonable person" would confuse Sierra Mist with Cierra Mistt.
A footnote here: Trademarks usually are industry specific. "Sierra Mist" the soft drink isn't likely to be confused with "Sierra Mist", the hypothetical manufacturer of irrigation equipment to water plants. So the trademarks aren't likely to infringe. However, facts and circumstances can often apply in legal matters. If the person known as Cierra Mistt has a logo that strongly resembles the drink's logo, or there are other similarities, that might be a problem.
It’s a complex area of law. To show it, think of Delta airlines and Delta plumbing- two major companies with the exact same trade name in different industries
Elmer's glue and Elmer's air conditioning repair
> I don’t think a “reasonable person” would confuse Sierra Mist with Cierra Mistt Might depend on how thirsty they are
Nice
>That's why Kleenex is adament the generic product term is "facial tissue," because allowing the trademarked brand to become a generic term threatens their trademark. Same with Band-aid. [Don't Say Velcro!](https://www.youtube.com/watch?v=rRi8LptvFZY)
A trademark in the USA does not expire, however it does have to be renewed every 10 years, so it is possible for a lapse to happen.
It indeed is bullshit. They changed their name because they were having trouble competing with other brands.
Trademarks expire after 10 years unless renewed
Registration expires, but isn't strictly necessary anyway. It just gives some extra protection.
Once you own a trademark registration, you must do a few important things to maintain that registration and keep it alive. First, you must use your trademark in commerce. Additionally, you must file certain documents at regular intervals to show that you're continuing to use your trademark. If you don't file these documents before the deadline, your registration will be canceled or will expire, or your extension of protection to the U.S. will be invalidated (if you filed via WIPO under the Madrid system). Exceptions to the requirement to use your trademark are rare. Source: federal patent and trademark office accessed 27 JUN 24
Not got mention that the trademarks, while similar, are in completely different markets and are unlikely to be confused. None of this makes sense. Pepsi just did a rebranding since Sierra Mist failed to compete with Sprite. It was discontinued before they brought bit back with the new name but it wasn’t give for very long so the idea that any remade name expired doesn’t make sense.
Ah, Mist Twst. Such a weird name. Starry is a much better brand name.
There isn't a single article on this from a source I'd trust - at least not one that "Cierra Mist Lawsuit" turned up, and honestly I don't care enough to try more. I can't say with 100% certainty it's bullshit but it ***does*** seem ***vastly*** more likely that a clout chasing TikTok nuisance would make up some bullshit for clicks to me.
Kinda seems like a story put out by Pepsi lol
Sierra Mist and Starry are not the same thing. Sierra Mist was made with cane sugar while Starry is made with high fructose corn syrup and yes flavor wise there is a difference why else do so many Americans seek out "Mexican Coke" and horde "kosher for passover Coke?"
This, so much. I loved Sierra Mist. I hate Starry.
I love Mexican Coke when I find it.
Before Sierra Mist it was Slice. Before that it was Teem. Pepsi has changed the name a lot for their lemon-lime soda. They probably figured out that a name change would sell better. You can probably date someone's age based on what they remember.
> Slice Holy hell I forgot that stuff existed.
Wait a minute, I drank Slice as a child and I'm only now learning Sierra Mist was more or less its replacement?
Slice is apparently "back" in name only as a fruit drink or something like that.
Goddammit, I remember them all.
It’s a bunch of manufactured press, intrigue, and the lot. Amazing syrup in a can shows a good deal of Chomsky’s theories in action
Anyone else here just now finding out that Starry was Sierra Mist and before that it was Slice 🤯
Trademarks don't expire.
Yes they do. They expire after 10 years but you can renew the trademark an unlimited number of times making them forever. It's unlikely that they "just forgot" to renew the trademark but it has happened before.
Just a rule of thumb, most controversy on the internet is fake and is designed to get clicks. Go ahead and just ignore most post on TikTok or instagram, and you will be healthier.
I do trademark law for a living (22 years). None of this makes any sense.
https://tsdr.uspto.gov/#caseNumber=78003846&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch Here’s one of the several very much active trademarks for Sierra Mist owned by Pepsi. Yes, it’s bullshit.
This crazy, delusional woman could absolutely sue Pepsi claiming whatever she wants. Doesn't mean any of it is true. Possible Pepsi paid her to just go the fuck away. There is no way a global multi billion dollar company with more lawyers than most have employees would let a treasured trademark expire unintentionally. And you can't buy a trademark just because it is expired. You'd have to apply for your own trademark using that name for your specific trade. And no it cannot be the same look, name, industry, etc. Because even expired the previous holder can challenge the application. She is delusional
This is coming from the same "influencer" who films orgies with her coworkers and then claims her Mormon/virgin boyfriend got her pregnant To say the least, I do not believe a single thing she says
I don't think one of the largest companies in the world would roll over for a Tictok pornstar.
Why do people share inaccurate info so confidently? Trademarks, which is what this was, last 10yrs before having to be renewed.
It's literally a Mountain Dew ripoff. Sierra instead of mountain, mist instead of dew. That's the whole reason for the name.
No. The Mountain Dew ripoff is Mellow Yellow. Sierra Mist was a Sprite ripoff Also. Sierra Mist and Mountan Dew are both Pepsi products. Why would Pepsi rip itself off?
They are both owned by PepsiCo the name change was just a clever way to lower the quality and still have a lemon lime drink that competes with sprite
Lower the quality of what? 7up?
Sierra Mist to Starry was a hit to quality apparently, since SM had sugar and Starry has HFCS.
Oh I haven't heard of Starry. That makes sense I guess.
A better ripoff, in my opinion.