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Intellectual Property

Sep. 8, 2025

Instacart, Partiful move to dismiss trademark suit over "Fizz" app

Keker, Van Nest & Peters LLP argued Fizz cannot claim exclusive rights to a common word, while Fizz's lawyers countered that the new Instacart-backed app is designed to siphon off its Gen Z user base.

Attorneys for the Instacart grocery service and a party planning platform company are moving to gut a trademark infringement lawsuit filed by a Palo Alto social media and event planning platform aimed at young people.

The complaint - filed in San Francisco - accuses Maplebear Inc., owner of Instacart, and Partiful Co. of trademark infringement because the company chose "Fizz" - the Palo Alto company's platform name - for a new app aimed at the "Gen Z demographic...

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