On Thursday, social media startup Fizz announced it is suing Instacart and Partiful for trademark infringement. This legal action follows the launch of a new Fizz drinks and snack delivery app by Instacart, as well as an integration of the Fizz platform into Partiful, hence the trademark lawsuit. Fizz claims these moves infringe on its “FIZZ” trademark, which the company has been using since January 2022.
Founded in 2020, Fizz is a social networking app designed for Gen Z users and is available on over 400 college campuses. The lawsuit, filed in the U.S. District Court for the Northern District of California on Wednesday, seeks a jury trial, damages, and an injunction barring Instacart and Partiful from using the Fizz name for their services.
Trademark Lawsuit: Fizz Accuses Competitors of Brand Misappropriation
Fizz alleges that Instacart and Partiful have intentionally chosen the Fizz name to exploit the startup’s established brand recognition among Gen Z users. The startup accuses the companies of common law trademark infringement, federal trademark infringement, and cybersquatting. Fizz also claims that the companies have violated California’s unfair competition laws by misusing the “FIZZ” trademark.
The trademark lawsuit argues that the new apps could confuse consumers into thinking they are affiliated with Fizz, especially since the target audience is the same Gen Z demographic. Fizz believes that both companies deliberately used the name “Fizz” to capitalize on its established brand equity.
Fizz also claims that Instacart registered the domain <FIZZ.COM>, aiming to divert traffic away from its official site <FIZZ.SOCIAL> for commercial gain. The startup is asking the court to issue a ruling preventing further use of the Fizz name in the event planning and social space.
