Social media startup Fizz has filed a lawsuit against grocery delivery giant Instacart and party planning app Partiful, accusing them of trademark infringement over their new drinks and snack delivery app, also called Fizz. The lawsuit, filed in the U.S. District Court for the Northern District of California, seeks a jury trial, injunctive relief, damages, and a court order barring Instacart and Partiful from using the "FIZZ" name in connection with social or event planning services.

Fizz, a Gen Z-focused social networking app available on over 400 college campuses, claims that it has been using the "FIZZ" trademark since January 2022 and filed for trademark registration in December 2021. The startup alleges that Instacart and Partiful knowingly launched the new app with the identical name, creating a likelihood of confusion among customers who may believe that the new ordering service is affiliated with or endorsed by Fizz.

The lawsuit states that Instacart and Partiful's actions constitute common law trademark infringement, federal trademark infringement, cybersquatting, and violating California's unfair competition laws. Fizz argues that the defendants are exploiting its brand recognition as a known social platform for Gen Z, and that they could have chosen any name for their new venture but instead opted to use a name that is identical to Fizz's.

Fizz also alleges that Instacart had a bad faith intent to profit from the FIZZ Marks when it registered the domain name , knowing or should have known of the FIZZ Marks and incorporating Plaintiff's trademark and trade name in its domain name. This, Fizz claims, was done to divert consumers from the Fizz Platform's online location to the Fizz App online location for Defendant's own commercial gain.

In addition, the lawsuit alleges that Partiful competes with Fizz directly in the events planning space, and that the company is now using Fizz's name to confuse the Gen Z demographic after failing "to win the Gen Z market through fair competition." This is not Fizz's first legal battle, as the startup sued rival Sidechat in 2023 over unfair competition practices.

The lawsuit highlights the importance of trademark protection in the tech industry, particularly in the social media and events planning spaces where brand recognition is crucial. It also raises questions about the ethics of using identical names for competing services, and the potential consequences for consumers who may be confused by the similarity.

Instacart and Partiful did not respond to TechCrunch's request for comment, and it remains to be seen how the court will rule on Fizz's lawsuit. However, the case serves as a reminder to startups and established companies alike to prioritize trademark protection and avoid potential legal battles over branding.

As the lawsuit moves forward, it will be interesting to see how the court balances the competing interests of Fizz, Instacart, and Partiful. One thing is certain, however: the outcome will have significant implications for the tech industry and the importance of trademark protection in the digital age.