Gen-Z-oriented social media app ‘FIZZ’ is suing Instacart and Partiful for trademark infringement over their new party supply ordering app.
(Image from https://www.instacart.com/company/updates/introducing-fizz-the-best-way-to-order-drinks-and-snacks-as-a-group/)
What is Instacart’s new delivery app?
Instacart’s new app FIZZ allows groups to add items such as alcohol and snacks to a single order and split the bill; all with a flat delivery fee. Users can earn “Snack Bucks” through each transaction to use towards their next order. As part of the app’s launch, Partiful integrated Fizz into their digital invitation service. “A party shouldn’t feel like a chore” according to Instacart.
What is Fizz Social?
FIZZ is a social networking app that focuses on helping users connect with local authentic communities. Users can post anonymously throughout the app, encouraging them to share their thoughts and experiences more honestly. The app also features a local marketplace for buying and selling items safely and efficiently. Fizz is currently available on more than 400 college campuses and has steadily grown since its debut in 2020.
(Image from https://www.kolsquare.com/en/blog/fizz-is-the-latest-social-network-from-the-usa)
The Legal Lowdown
On Wednesday, May 4th, Fizz Social filed a lawsuit at the District Court for the Northern District of California seeking a jury trial, injunctive relief, damages, and a court order omitting Instacart and Partiful from using the “FIZZ” name in connection with social or event planning services. Fizz Social claims that they have been using the “FIZZ” trademark since January 2022 and filed for trademark registration in December 2021. The social networking app is accusing Instacart and Partiful of common law trademark infringement, federal trademark infringement, cybersquatting, and violating California’s unfair competition laws. Fizz Social alleges that Instacart and Partiful purposefully released their new app with the intent to confuse users of the same demographic that the new delivery service is in conjunction with the social media app.
Trademark Registrations Suspended?
However, after researching the USPTO website, we found that they have suspended Fizz Social’s trademark, aka, temporarily rejected it. The United States Patent and Trademark Office website allows visitors to search for existing trademark applications. If you search for Fizz Social Corp, you’ll find three suspended applications for the FIZZ wordmark since 2023. However, if you search for the wordmark FIZZ under Maplebear Inc (the company that operates Instacart), you’ll find twelve pending applications filed as early as May 5th of this year. In shorter terms, it looks like Instacart is not taking Fizz Social’s lawsuit to heart and is instead doubling down on their new app’s name.
What’s Next?
In the trademark registration process, applications are currently taking about ten months before they are even assigned to an Examiner. Therefore, it’ll be a while until the USPTO can make a verdict on whether or not the trademark is available for keeps. However, it’s undetermined how the lawsuit will be resolved as Instacart has yet to respond to the Fizz Social Corp’s accusations.