Fizz Sues Instacart and Partiful Over "Fizz" Trademark
Social media startup Fizz has filed a lawsuit against Instacart and Partiful for trademark infringement. The suit, filed in the U.S. District Court for the Northern District of California, contends that Instacart and Partiful's new drinks and snacks app, also called "Fizz," infringes on Fizz's existing trademark.
Fizz, a social networking app focused on Gen Z and available on over 400 college campuses, claims it has been using the "FIZZ" trademark since January 2022 and filed for registration in December 2021. Instacart launched its "Fizz" app earlier this week in partnership with party planning app Partiful.
The lawsuit alleges common law trademark infringement, federal trademark infringement, cybersquatting, and violation of California's unfair competition laws. Fizz seeks a jury trial, injunctive relief, damages, and a court order preventing Instacart and Partiful from using the "FIZZ" name for social or event planning services.
Fizz Claims Brand Confusion and Unfair Competition
Fizz argues that Instacart and Partiful deliberately chose the same name for their app, targeting the same Gen Z demographic. This, Fizz claims, creates confusion among consumers who may believe the new app is affiliated with or endorsed by the social media platform. The lawsuit also accuses Instacart and Partiful of exploiting Fizz's brand recognition within the Gen Z market.
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 further alleges that Instacart registered the domain name fizz.com in bad faith, knowing of the existing "FIZZ" trademark and intending to divert traffic from Fizz's own website, fizz.social.
The lawsuit also claims Partiful directly competes with Fizz in the event planning space and is using the "Fizz" name to gain an unfair advantage after failing to compete successfully. This isn't Fizz's first legal battle. In 2023, the startup sued rival Sidechat for unfair competition practices.
Instacart and Partiful have not yet responded to requests for comment.
