When a fast-growing Gen Z social app takes a tech giant like Instacart to court, we all lean in—especially when it’s over a trademark dispute.
What’s the Tea?
Fizz Social Corp., a social platform launched in 2022 and now active on 400+ college campuses, is suing Instacart for trademark infringement. The problem? Instacart just launched a group-ordering snack delivery feature…also called “Fizz.”
While one is for anonymous campus chatter and the other for party snack runs, Fizz Social argues the branding overlap is creating real consumer confusion—and possibly diluting their brand equity.
But Here’s the Real Scoop:
Fizz Social doesn’t even have a registered trademark.
Still, they’re taking this to federal court. Why? Because U.S. trademark law secures more than just registered marks.
What Corporate Teams Need to Know:
This case underscores something your in-house counsel and brand strategists should pay close attention to:
1. Common Law Trademark Rights Are Real
Even without a ® symbol, if your brand name has been used in commerce and has established market recognition, you may already have enforceable rights. These are called common law trademark rights.
Fizz Social’s years of continuous use on college campuses could give them a strong case—even against a heavyweight like Instacart.
2. Early Name Conflicts Are Inevitable. Proactive Clearance Is Not.
How did Instacart’s legal team miss this? Possibly because Fizz Social’s name wasn’t registered yet. A thorough trademark clearance search—not just a quick Google or domain check—might’ve flagged the risk.
We see this often with corporate clients launching products fast: a name is greenlit by marketing before legal does a deep dive. But the cost of rebranding later—or ending up in court—can be far worse.
3. You Can Still Be Sued Even if Your Mark Is Unregistered
Some teams assume “no registration = no rights.” This case proves otherwise. Instacart’s “Fizz” could face not only an injunction but possible damages if the court finds willful infringement.
At R.J. Pierce Law Group, P.C., we help corporate clients build, secure, and enforce their trademark portfolios with strategy—and speed. Whether you’re naming your next product or defending your existing brand, we’re here to help you sip the tea without spilling it.
