Social networking startup Fizz is suing Instacart and Partiful for trademark infringement, claiming the companies misused its brand name in a new Gen Z-facing app. Instacart launched a drinks and snack delivery service this week—also called Fizz—that’s directly embedded into Partiful’s event planning platform.
Fizz, which operates a private college-based social app on over 400 campuses, argues the name causes confusion and unfairly exploits the identity it has built since 2020. The lawsuit, filed in the U.S. District Court for the Northern District of California, demands a jury trial and seeks an injunction, damages, and a ban on further use of the Fizz name in connection with events or social services.
Fizz Claims Brand Hijacking by Instacart and Partiful
In court filings, Fizz says it has used the “FIZZ” name commercially since January 2022 and began the trademark process in December 2021. The company alleges both federal and common law trademark infringement, cybersquatting, and unfair competition under California law.
Fizz’s legal team claims that Instacart and Partiful deliberately copied the name to gain traction with the same Gen Z demographic, especially within event planning and social experiences. According to the suit, the defendants could have chosen any other name but instead opted to “ride the coattails” of Fizz’s brand value.
“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,” the lawsuit states.
Fizz argues the similarity in both name and audience is likely to confuse users, many of whom may assume the services are related—or that Fizz endorsed the new app.
Cybersquatting and Competitive Pressure Highlighted
Fizz also alleges cybersquatting, stating Instacart secured the domain Fizz.com knowing that Fizz already operated under Fizz.social. The startup claims this was an intentional move to divert online traffic and generate commercial gain using brand confusion.
In addition to Instacart’s role, Fizz also points fingers at Partiful, asserting the party planning app is using the Fizz name to catch up after failing to capture the Gen Z market fairly. The complaint paints the integration between Partiful and the new app as a coordinated strategy to edge out an existing competitor.
This lawsuit isn’t Fizz’s first legal battle. In 2023, the company sued another campus-focused platform, Sidechat, accusing it of unfair competition practices.
As of now, Instacart and Partiful have not responded to requests for comment
