Social Media Startup Fizz Files Trademark Lawsuit

Social media startup Fizz is taking legal action against Instacart and Partiful, alleging trademark infringement related to a new Fizz app. The lawsuit centers around concerns that the branding and functionality of Instacart and Partiful’s new app too closely resemble those of the existing Fizz platform, potentially causing confusion among users.

Trademark Infringement Claims

Fizz claims that Instacart and Partiful are infringing on their trademark by using a similar name and offering similar services within their application. According to the lawsuit, the resemblance could lead consumers to mistakenly believe that the new app is affiliated with or endorsed by Fizz. This, Fizz argues, would dilute their brand and harm their business reputation. Trademark law protects brand names and logos. Learn more about trademark basics.

Specific Allegations Against Instacart and Partiful

The lawsuit outlines specific instances where Fizz believes Instacart and Partiful have overstepped. The claims include:

• Using a similar app name that could be confused with Fizz.
• Offering services that directly compete with Fizz’s core features.
• Creating a user interface that mirrors key elements of the Fizz app.

Legal Strategy and Potential Outcomes

Fizz seeks an injunction to prevent Instacart and Partiful from further using the allegedly infringing trademark. They are also pursuing monetary damages to compensate for the harm already caused by the alleged infringement. The court will need to evaluate several factors, including the strength of Fizz’s trademark, the similarity between the marks and services, and evidence of actual consumer confusion. To better understand these issues, read trademark information.