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Fizz Sues Instacart & Partiful Over App Trademark Infringement

▼ Summary

Social media startup Fizz is suing Instacart and Partiful for trademark infringement over their new party-focused app also named Fizz.
– Fizz, a Gen Z-focused social networking app founded in 2020, claims it has used the “FIZZ” trademark since January 2022 and filed for registration in December 2021.
– The lawsuit seeks injunctive relief, damages, and a court order to stop Instacart and Partiful from using the “FIZZ” name in social or event planning services.
– Fizz alleges the defendants knowingly used the same name for the same demographic, creating customer confusion and exploiting Fizz’s brand recognition.
– The lawsuit also accuses Instacart of cybersquatting by registering the domain to divert traffic from Fizz’s platform.

A social media startup has filed a trademark infringement lawsuit against two major tech companies, alleging they deliberately copied its brand name to target the same young demographic. Fizz, the college-focused networking app, is taking legal action against Instacart and Partiful after the companies launched a competing service under the identical “Fizz” name.

The complaint, filed in California federal court, accuses the defendants of multiple violations including trademark infringement, cybersquatting, and unfair competition. Fizz claims it established trademark rights for its name in 2021 and has been actively using it since early 2022. The startup seeks financial damages and a court order preventing Instacart and Partiful from continuing to use the contested brand name.

Court documents reveal Fizz’s position that Instacart knowingly registered the domain FIZZ.COM despite being aware of the existing trademark. “This isn’t accidental overlap—it’s a calculated move to capitalize on our established brand recognition among Gen Z users,” states the legal filing. The lawsuit emphasizes that both defendants operate in similar social and event-planning spaces targeting the same youth market.

Fizz’s legal team argues the timing is particularly damaging as the company expands its campus-based platform. Confusion between the services could significantly impact user growth and brand perception, according to the complaint. The filing includes screenshots showing Partiful’s integration of Instacart’s Fizz service, which delivers party snacks and drinks—a function Fizz claims directly competes with its social planning features.

This marks the second high-profile legal challenge for the startup, which previously sued competitor Sidechat last year over similar competitive practices. Neither Instacart nor Partiful has publicly responded to the allegations as of publication.

The case highlights growing tensions in the crowded social app market where brand identity plays a crucial role in attracting young users. Legal experts suggest the outcome could set important precedents for how established companies approach naming new services in spaces with existing trademark holders.

(Source: TechCrunch)

Topics

trademark infringement 100% cybersquatting 80% unfair competition 70% gen z market 60% legal precedents social apps 50%
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