Fizz, a Social Media Startup, Files Trademark Infringement Lawsuit Against Instacart and Partiful Over New App

The social media startup Fizz has filed a lawsuit against grocery delivery leader Instacart and party planning application Partiful, alleging trademark infringement, as announced on Thursday. This follows the recent introduction of Instacart’s new drinks and snack delivery app for parties named Fizz, along with Partiful’s incorporation of Fizz into its services.

Founded in 2020, Fizz is a social networking app aimed at Gen Z and is available on over 400 college campuses.

The lawsuit, lodged on Wednesday at the U.S. District Court for the Northern District of California, seeks a jury trial, injunctive relief, monetary damages, and a court order prohibiting Instacart and Partiful from using the “FIZZ” name for social or event planning services.

TechCrunch requested comments but received no feedback from either Instacart or Partiful.

In its lawsuit, Fizz asserts that it has been using the “FIZZ” trademark since January 2022 and sought trademark registration in December 2021. The startup accuses Instacart and Partiful of common law trademark infringement, federal trademark infringement, cybersquatting, and breaches of California’s unfair competition laws.

The lawsuit claims, “This new Fizz App by Instacart and Partiful is a clear attempt to exploit the goodwill that Plaintiff has diligently cultivated through its consistent use of the FIZZ Marks within the Gen-Z demographic. Together, Instacart and Partiful are directly competing with Plaintiff in the essential area of event planning for the Gen-Z audience. Instacart and Partiful had the option to select any name for their new project, but they chose FIZZ instead of competing honorably.”

Fizz argues that Instacart and Partiful intentionally chose the same name for their new app aimed at the Gen Z audience, likely leading to confusion among customers who may think the new service is linked to or endorsed by Fizz.

The startup further claims that Instacart and Partiful are capitalizing on its brand recognition as a leading platform for Gen Z.

The lawsuit also states, “Plaintiff is informed and believes and accordingly alleges that Defendant Instacart had a bad faith intent to profit from the FIZZ Marks when it registered the domain name . Specifically, Defendant Instacart was aware or should have been aware of the FIZZ Marks and incorporated Plaintiff’s trademark and trade name into its domain name. Through this action, Defendant Instacart aimed to misdirect consumers from the Fizz Platform’s online location to the Fizz App’s online presence for its own commercial advantage.”

Additionally, the lawsuit contends that Partiful directly competes with Fizz in the event planning market and is currently misusing Fizz’s branding to confuse the Gen Z audience following its unsuccessful attempts to capture this market through fair means.

This latest legal action is not Fizz’s first, as the startup previously took legal action against competitor Sidechat in 2023 for unfair competition practices.