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
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 PerspectiveAccording to Section 2(1)(zb) of the Trade Marks Act, 1999, a 'trade mark'
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
If we look at this case it is quite similar to the above situation of the
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
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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