Social media startup Fizz has filed a lawsuit against Instacart and Partiful, accusing the two companies of trademark infringement following the recent launch of a new app named “Fizz.” The complaint was lodged in the U.S. District Court for the Northern District of California on Wednesday and alleges that Instacart and Partiful have intentionally infringed on Fizz’s established brand identity by launching a party-focused delivery app using the same name.
Fizz, which was founded in 2020, is a social networking platform geared toward Gen Z users and is currently active on more than 400 college campuses. The startup claims it began using the “FIZZ” trademark in January 2022 and had filed for registration in December 2021. In its legal filing, Fizz is seeking a jury trial, an injunction to prevent the use of the “FIZZ” name, monetary damages, and a court order that would bar Instacart and Partiful from associating the name with social or event planning services.
Neither Instacart nor Partiful has responded to media requests for comment regarding the ongoing legal proceedings.
Allegations of Intentional Misuse and Brand Confusion
According to the lawsuit, social media startup Fizz contends that Instacart and Partiful launched their app with full knowledge of the existing Fizz platform and its presence among Gen Z users. The new app—introduced by Instacart and integrated into the Partiful platform—is marketed as a drinks and snack delivery service tailored for parties, a space Fizz argues overlaps with its own event planning features for college students.
“This new Fizz App by Instacart and Partiful is a blatant attempt to misappropriate the goodwill that Plaintiff has painstakingly developed,” the lawsuit states. Fizz alleges that the name duplication is a deliberate strategy to mislead users into believing the new app is affiliated with or endorsed by the original Fizz platform.
Furthermore, the startup accuses Instacart of cybersquatting by registering the domain <fizz.com> in bad faith, allegedly aiming to redirect users away from Fizz’s official site, <fizz.social>, for commercial gain. Social media startup Fizz argues this move was designed to exploit its existing brand recognition and divert traffic and attention toward the new app launched by the defendants.
Past Legal Disputes and Competitive Tensions
This isn’t the first legal confrontation for Fizz. In 2023, the startup filed a lawsuit against competing platform Sidechat, citing unfair competition practices. In the current dispute, Fizz maintains that Partiful, which operates within the same event planning space, is attempting to confuse consumers after failing to win over the Gen Z market through organic competition.
Social media startup Fizz asserts that both defendants had ample opportunity to choose an alternative name for their app but instead opted to use “Fizz” to leverage the startup’s established reputation within the youth demographic. The case now awaits court proceedings as Fizz seeks to protect its trademark and market position.
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