Social media startup Fizz is suing Instacart and Partiful for trademark infringement over the name 'Fizz'. This comes after Instacart launched a drinks delivery app and integrated it with Partiful, both targeting Gen Z. Fizz claims to have used the trademark since 2022 and filed for registration in 2021. In its lawsuit, Fizz accuses the companies of infringing on its trademark rights and creating confusion among consumers. Fizz seeks legal remedies including a jury trial and an injunction against the use of the 'FIZZ' name.
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.
Together, Instacart and Partiful are competing head-on with Plaintiff in its core market of event planning for the Gen-Z demographic. Instacart and Partiful could have chosen any name for their new venture.
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