The social media startup Fizz has initiated legal proceedings against Instacart and Partiful for alleged trademark infringement. The lawsuit, filed in the U.S. District Court for the Northern District of California, comes in response to Instacart’s recent launch of a party-focused delivery app named “Fizz” and its integration with Partiful’s platform.
Founded in 2020, Fizz caters to the Gen Z demographic and has become popular on over 400 college campuses. The startup claims to have continuously used the “FIZZ” trademark since January 2022 and filed for its registration in December 2021. In the lawsuit, Fizz is requesting a jury trial, injunctive relief, damages, and a court order to prohibit Instacart and Partiful from utilizing the “FIZZ” name for social or event planning services.
Fizz accuses the two companies of multiple legal violations, including common law and federal trademark infringement, cybersquatting, and breaching California’s laws against unfair competition. The startup’s complaint underscores that the identity of the new app is likely to confuse consumers who may associate it with Fizz’s established social networking services tailored for Gen Z.
According to the lawsuit, Fizz argues that Instacart and Partiful’s decision to adopt the name “Fizz” is a deliberate strategy to capitalise on the brand’s existing goodwill among younger users. The legal documents state: “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.”
Fizz alleges that Instacart knowingly registered the domain name “FIZZ.COM” with the intent to profit from its trademark, thereby diverting users from its own online platform, “FIZZ.SOCIAL”, to serve its business interests. The startup also highlights that Partiful is directly competing in event planning and is using Fizz’s name in a manner aimed at confusing the Gen Z audience, asserting that this approach stemmed from its inability to penetrate the market through legitimate means.
This lawsuit is not Fizz’s first encounter with legal challenges; the company previously took legal action against rival Sidechat in 2023 for unfair competition practices. Neither Instacart nor Partiful has provided comments regarding the lawsuit to TechCrunch. As the case unfolds, it will reflect broader implications for trademark protections and competition among startups in innovative sectors such as social media and event planning.
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