Summary:
Fizz, a Gen Z social app, sues Instacart and Partiful for trademark infringement over a new app with the same name
The lawsuit includes allegations of common law and federal trademark infringement, cybersquatting, and unfair competition
Fizz has been using the FIZZ trademark since January 2022 and filed for registration in December 2021
The startup accuses the defendants of exploiting its brand recognition among Gen Z
This marks Fizz's second legal action, following a 2023 lawsuit against Sidechat
Social media startup Fizz, known for its Gen Z-focused platform on over 400 college campuses, has filed a lawsuit against Instacart and Partiful for trademark infringement. The dispute arises from Instacart's launch of a new drinks and snacks delivery app also named Fizz, which Partiful has integrated into its platform.
Image Credits: Instacart
The Lawsuit Details
Fizz, which has been using the FIZZ trademark since January 2022 and filed for registration in December 2021, accuses Instacart and Partiful of:
- Common law trademark infringement
- Federal trademark infringement
- Cybersquatting
- Violating California’s unfair competition laws
The lawsuit seeks a jury trial, injunctive relief, damages, and a court order to prevent the use of the FIZZ name in connection with social or event planning services.
Allegations of Bad Faith
Fizz claims that Instacart and Partiful's use of the FIZZ name is a blatant attempt to misappropriate the goodwill Fizz has built among Gen Z. The startup alleges that the defendants are exploiting its brand recognition to confuse the same demographic, potentially leading customers to believe the new service is affiliated with Fizz.
Previous Legal Actions
This isn't Fizz's first legal challenge; the startup previously sued rival Sidechat in 2023 over unfair competition practices.
Instacart and Partiful have yet to respond to the allegations.
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