'BigBasket is a bully': DailyBasket fires salvo over ‘Basket’ feud

After BigBasket threatened to take legal action, DailyBasket has accused the e-grocer of corporate bullying in a newly-launched website bbisabully.com

e4m by exchange4media Staff
Updated: Feb 25, 2021 5:03 PM

DailyBasket has made its feud with BigBasket public by launching a website bbisabully.com, where the former accuses the latter, a “big billion-dollar company”, of trying to eliminate competition with corporate bullying. The website offers a point-by-point rebuttal to BigBasket's cease-and-desist notice to the company.

A few days ago, online grocery store BigBasket had threatened to drag Coimbatore-based startup to court over the use of the word ‘Basket’ in its brand name, according to a news report.

BigBasket objected to the use of the word, accusing DailyBasket of making its name and mark “deceptively and/or confusingly similar” to its own.

“Use of the word ‘daily’ along with ‘basket’ does not make your name distinctive, and our client strongly believes that you have dishonestly adopted the name and mark “dailybasket” to make your name and mark deceptively and/or confusingly similar to our client’s brand BigBasket,” read the notice.

 The notice also mentioned DailyBasket’s app, which has been offering services and products similar to the BigBasket marketplace. 

However, DailyBasket has only doubled down on its resolve to publically take on BigBasket with the website. “We urge the BigBasket management to look into this matter and stop sending such threatening emails to upcoming startups. You are crying foul when you are the one engaging in unfair competition & unlawful demands with a tiny 2 person startup,” said DailyBasket in its rebuttal. 

Calling itself a “small bootstrapped business,” DailyBasket also said that it’s difficult for the company to defend its businesses from big corporates like BigBasket. “We need all the help we can get,” it says.

BigBasket had sent a cease-and-desist notice to DailyBasket last week, directing the company to stop using the domain dailybasket.com, pull down its mobile app and stop all its operations. Additionally, BigBasket has also demanded Rs 2 lakh to cover its legal costs.

On February 24, BigBasket also issued a clarification about the notice sent to DailyBasket, saying that they intended to resolve the feud amicably.

As a company that has painstakingly built a trusted brand over the last 9 years, it is necessary for bigbasket to protect its trademarks. With that objective, we check the trademark registry regularly to identify any trademark fillings with similar names.

In doing so, we recently came across a filing for “DailyBasket” which, in the context of the online grocery business, is very close to both of our brands “bigbasket” and our daily subscription business bbdaily, and we have been using these for many years.

The very purpose of the trademark registry is to put trademark applications in the public domain for 120 days, so that companies with existing trademarks may raise objections, if any. The typical next step in such cases is to send the relevant company a notice, which is exactly what we did.

That said, we’ve been a startup ourselves until quite recently; the last thing we would want is to cause inconvenience to another startup. We intend to work with the founder of DailyBasket to resolve this amicably while at the same time protecting our brands and trademarks.

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