Fizz Sues Instacart and Partiful for Trademark Infringement

Fizz Files Trademark Infringement Suit Against Instacart and Partiful

Social media startup Fizz has initiated legal proceedings against grocery delivery service Instacart and event planning application Partiful. The claim centers around alleged trademark infringement, as announced by Fizz on Thursday.

Instacart recently unveiled a new application, also named Fizz, designed for the delivery of beverages and snacks for parties. Simultaneously, Partiful announced the direct integration of Fizz into its own platform.

Background on Fizz

Established in 2020, Fizz operates as a social networking application specifically targeted towards Generation Z. The platform currently maintains a presence on over 400 college campuses.

Details of the Lawsuit

The legal action was filed on Wednesday within the U.S. District Court for the Northern District of California. Fizz is requesting a jury trial, as well as injunctive relief and monetary damages.

Furthermore, the company seeks a court order that would prevent both Instacart and Partiful from utilizing the “FIZZ” name in connection with any services related to social interaction or event organization.

Requests for comment sent to Instacart and Partiful by TechCrunch have, as of yet, gone unanswered.

Trademark Claims and Allegations

According to the lawsuit, Fizz has been consistently using the “FIZZ” trademark since January 2022. A formal application for trademark registration was submitted in December 2021.

The startup accuses Instacart and Partiful of several violations, including common law trademark infringement, federal trademark infringement, cybersquatting, and breaches of California’s unfair competition statutes.

“The launch of the new Fizz App by Instacart and Partiful represents a clear attempt to capitalize on the positive reputation that Plaintiff has diligently built through consistent use of the FIZZ Marks within the Gen-Z demographic,” the lawsuit asserts.

“Instacart and Partiful are directly competing with Plaintiff in the core market of event planning for Generation Z. A different name could have been selected for their new venture, but they have chosen to utilize FIZZ rather than engage in fair competition.”

Likelihood of Confusion and Brand Exploitation

Fizz contends that Instacart and Partiful intentionally launched the application with the identical name, targeting the same Gen Z audience. This, they argue, creates a substantial risk of confusion among consumers.

Customers may incorrectly assume that the new ordering service is officially affiliated with, or endorsed by, the original Fizz platform.

The startup further alleges that Instacart and Partiful are leveraging its established brand recognition as a well-known social platform among Gen Z users.

Domain Name Dispute

“Plaintiff believes that Defendant Instacart acted in bad faith when registering the domain name <FIZZ.COM>,” the lawsuit states. “Defendant Instacart knew, or should have known, about the FIZZ Marks and deliberately incorporated Plaintiff’s trademark and trade name into its domain name.”

This action, Fizz claims, was intended to redirect users from the Fizz Platform’s online address <FIZZ.SOCIAL> to the Fizz App’s online location for commercial benefit.

Competition and Unfair Practices

The lawsuit also claims that Partiful directly competes with Fizz in the events planning sector. The company is now accused of using Fizz’s name to mislead the Gen Z demographic after failing to achieve market success through legitimate competitive means.

Previous Legal Action

This is not Fizz’s first involvement in legal disputes. In 2023, the startup filed a lawsuit against rival Sidechat, alleging unfair competition practices.