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BigBasket vs. Daily Basket

Bigbasket is one of the India's largest online food and grocery store. It proposes a extensive range of options in fruits, vegetables, spices, beverages, and personal care products etc with best quality and at reasonable rates. On the other hand, Daily Basket is a online small start-up currently providing service in Coimbatore.

The BigBasket has claimed that Daily Basket infringes on its trademark and brand. It alleges that the Daily Basket is carrying out an online business that offers similar products and services over similar domain name while using a 'deceptively or confusingly similar' name and mark.

It has served a cease and desist notice to Daily Basket for using the word Basket in its name.

The Notice given by the BigBasket on 17th February,2021 states that the mere mention or reference of a name containing basket in word or logo for any e-commerce business and related products conjure in the minds of relevant class of consumers and members of trade as that of being associated with our client.

Legislative Perspective

According to Section 2(1)(zb) of the Trade Marks Act, 1999, a 'trade mark' means:
a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.

If we look at the present case, the only word that is similar is basket. Other features of both the brands like colors, logo and font are not similar. It is not possible for the customers to purchase Daily Basket Products without having a look at the trade mark.

In Cadilla Healthcare Ltd. v. Dabur India Ltd. it was held by the High Court that there is a difference between the packaging of the products of the defendant and the plaintiff who is dealing in trade mark of sugar free and its alternates.

If we look at this case it is quite similar to the above situation of the BigBasket Case.

Law Related To Infringement

As per Section 29(2) of the Indian Trade Marks Act, a trade mark is considered to be infringed by a person who uses a mark which is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trade mark.

As per this provision of Trademark, BigBasket can ask for protection because of its fame and status but it cannot create monopoly on the particular word Basket as it is frequently used in regular trade by different traders under different trademark.

Is BigBasket intimidating the Daily Basket?

According to Section 142 of the Indian Trade Marks Act provides for the law contrary to groundless intimidation of legal proceedings. It states that when a person via circulars, advertisements or some other means threatens another with legal action for infringement of a registered trademark, the person so threatened may bring a suit against such person for the purpose of obtaining a declaration to the effect that such threats are unjustified. The remedies for the aggrieved party include an injunction restraining the other person from continuing to make the said threats or recovery of damages.

After receiving the notice from BigBasket, Daily basket has launched a website named as bbisabully.com, which specify the headline i.e. BigBasket is bullying daily basket with cease and desist letter'.

If we go by the allegation of BigBasket that the use of a single word can amount to trademark infringement, then it should itself be held answerable for the same as the word basket was initially used by Godrej Nature's Basket, a retail venture of the Godrej Group set up in 2005, which offers groceries and other food items including kitchen accessories. BigBasket has earlier opposed various trademarks with the term 'basket'. It has previously opposed marks such as Daily Basket 'Wow Basket', 'Smart Basket', 'Fresh-o-Basket', 'Kitchen Basket, 'Bada Baskets', 'Budget Basket' and even a trademark application for only the word 'basket'. It clearly shows the monopolist intention of the BigBasket.

In response of the website made by the Daily Basket for the bullying ,BigBasket delivered a declaration that it raised up an objection to the mark with the trade mark registry to get protection against its brand and it proposes to resolve the matter with Daily Basket in an harmonious manner.

Daily basket has also said that, we are a tiny bootstrapped company currently only serving in Coimbatore and about to open our first physical location, and that they did not possess money and power like Bigbasket to engage in endless lawsuits and unlawful intimidation.

Influencing the management of the big corporation to look into the matter and stop threatening to new start-ups , the Daily Basket sworn to show the real truth in public sphere.

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