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Miami Herald
13-05-2025
- Business
- Miami Herald
Instacart hit with lawsuit over new Fizz app
Dive Brief: Instacart is facing a trademark infringement lawsuit over its new app, Fizz, from social media and event planning platform company Fizz Social complaint, filed Wednesday in the U.S. District Court for the Northern District of California, alleges that the grocery technology company and Partiful, which has an integration of Instacart's Fizz app, are using "a mark identical to Plaintiff's" to compete against Fizz Social for the same Generation Z lawsuit came one day after Instacart unveiled the new standalone app, which has an integration with Partiful, that allows event hosts and guests to make group delivery orders. Dive Insight: Fizz Social claims that Instacart's new app not only bears a name that could confuse consumers, but also targets the same Gen Z cohort with a similar focus on social events. "Defendants' unauthorized use of the FIZZ Marks is not only likely to cause confusion … it also constitutes bad faith," Fizz Social said in its complaint, alleging that Instacart knew or should have known about Fizz Social but chose to use a similar name "in an effort to misleadingly divert consumers." The complaint also claims that trademarks submitted for Instacart's Fizz app "cover nearly identical subject matter" as Fizz Social's trademark applications for the "Fizz" marks. Fizz Social is requesting a jury trial for the case. Fizz Social and Instacart declined to comment on the lawsuit. Partiful did not respond to a request for comment by publication time. Unveiled last week, Instacart's Fizz app lets customers ages 21 and older place a consolidated order for one address. The launch boosts Instacart's presence in the party-planning space as the grocery technology company continues to find ways to reach digitally engaged shoppers. Fizz Social, which was founded at Stanford University and is now based in New York City, runs a platform that allows college students and young people across the U.S. to find parties, organize gatherings and coordinate social events. The company also has a marketplace for buying and selling items. The company has raised at least $41.5 million in funding, including a Series B round of $25 million in 2023, according to market research and data platform Tracxn. Fizz Social claims that it has been the owner of the "Fizz" name since at least early January 2022 and that the marks have become "a distinctive identifier" of its brand and services. However, the complaint also notes that Fizz filed for trademark registration in 2024 and that the application is still pending. In 2023, Fizz sued rival Sidechat over unfair competition practices, TechCrunch reported. Copyright 2025 Industry Dive. All rights reserved.
Yahoo
11-05-2025
- Business
- Yahoo
Instacart faces trademark lawsuit over Fizz app
You can find original article here Supermarketnews. Subscribe to our free daily Supermarketnews newsletter. Instacart's new party-centric app Fizz, launched on Tuesday, could go flat following a trademark lawsuit filed on Wednesday by Fizz Social Corp. in a California district court. The New York City-based social media and commerce company, which targets college students and others in the Gen Z demographic, argues in the lawsuit that San Francisco-based last-mile delivery company Instacart and its business partner Partiful are competing head-on and using the company's trademarked name. In the app store, the plaintiff describes its app as 'your go-to place to connect with the people who matter to you most.' 'On Fizz, you can join your school's private community or your nearby community to share and discover authentic content through text, video, image, direct message, and more. With every post, you have the ability to be anonymous, allowing you to be your most authentic self,' the app description noted. The Fizz Social Marketplace offers users a platform to 'Buy and Sell With Your Peers, Safely: Browse clothing, TVs, textbooks, cars, and more in the comfort of your private community. Safety and efficiency are the top priorities in the peer-to-peer Fizz Marketplace.' Fizz Social said in the lawsuit that Instacart is a 'blatant attempt to misappropriate' its brand. An Instacart spokesperson declined to comment in response to questions from Supermarket News. Instacart's Fizz app offers party supply delivery for a flat fee of $5 and is 'tailor-made for groups' due to its ability to invite friends to contribute to the order separately. Fizz Social said in the lawsuit that it has used the trademark since 2022 and has 'dedicated significant time, energy, and resources to developing distinctive social networking services that facilitate event discovery, party planning, and community building among the Gen Z community.' The app is currently active in more than 41 states, according to the lawsuit. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
