Fizz Takes Legal Action: Social Media Startup Sues Instacart and Partiful for Trademark Infringement on New App
In a significant legal move, social media startup Fizz has filed a lawsuit against grocery delivery giant Instacart and the event planning app Partiful for trademark infringement. This development comes in response to Instacart’s recent launch of a new drinks and snack delivery app named Fizz, which directly integrates with Partiful’s platform.
Background on Fizz
Established in 2020, Fizz is a social networking application designed specifically for the Gen Z demographic, available on over 400 college campuses across the United States. The company aims to create a vibrant online community for young adults, focusing on social interactions and event planning.
Details of the Lawsuit
The lawsuit was filed on Wednesday in the U.S. District Court for the Northern District of California. Fizz is seeking a jury trial, injunctive relief, damages, and a court order to prevent Instacart and Partiful from using the “FIZZ” name in relation to social or event planning services.
Claims Made by Fizz
- Fizz has been using the “FIZZ” trademark since January 2022 and filed for trademark registration in December 2021.
- The lawsuit alleges common law trademark infringement, federal trademark infringement, cybersquatting, and violations of California’s unfair competition laws.
- Fizz argues that the new app by Instacart and Partiful could mislead customers into thinking it is affiliated with Fizz.
Statements from the Lawsuit
The lawsuit asserts, “This new Fizz App by Instacart and Partiful is a blatant attempt to misappropriate the goodwill that Plaintiff has painstakingly developed through its continuous use of the FIZZ Marks among the Gen-Z demographic.” It further claims that the defendants could have chosen any name for their app but opted to use “Fizz” instead.
Allegations Against Instacart and Partiful
Fizz alleges that both companies are exploiting its brand recognition, arguing that Instacart registered the domain FIZZ.COM with bad faith intent. The lawsuit states:
“Defendant Instacart knew or should have known of the FIZZ Marks and incorporated Plaintiff’s trademark and trade name in its domain name.”
Moreover, the lawsuit indicates that Partiful directly competes with Fizz in the event planning sector, using Fizz’s name to confuse the target audience.
Previous Legal Actions
This lawsuit is not Fizz’s first encounter with legal challenges. In 2023, the startup took legal action against rival Sidechat over unfair competition practices.
As the case unfolds, it will be interesting to see how this lawsuit impacts both Fizz’s brand recognition and the competitive landscape for social networking apps aimed at the Gen Z demographic.
For further updates on this lawsuit and other tech news, stay tuned to TechCrunch.
