Except the word 'basket', there are no similarities or trademark violations in the brand logo. Colors are different, font is different, graphics is different and the name itself is different, Daily Basket said in its blogpost
New Delhi: Coimbatore-based online grocery retailer Daily Basket, which received a cease-and-desist notice from BigBasket for alleged trademark and brand name violation, has refuted the claims of the latter. In a blogpost on Monday, Daily Basket denied copying either the website or the trademark.
Co-founded by Hari Menon, online supermarket BigBasket has also expressed concern over the use of the word “basket" by Daily Basket.
The news was first reported by The Economic Times on Monday.
In its blogpost Daily Basket said: “Except the word 'basket', there are no similarities or trademark violations in the brand logo. Colors are different, font is different, graphics is different and the name itself is different. So they want to sue us because we have 'basket' in our name. Last time we checked no one has monopoly in the word 'basket' or having the word 'basket' and selling groceries online. NaturesBasket.com was actually started in 2005, way before bigbasket."
It also dismissed concerns of its website bearing similarity to that of BigBasket.
“We didn't copy your website getup, it's a different UI (User Interface) entirely," it said.
The company said that it was a tiny online/offline grocery startup currently only serving in Coimbatore and started operations in August of 2020. “Though we have a word 'basket' in our brand and we do deliver online groceries, it doesn't mean we copied their trademarks or unethically copied their website & apps. We never misuse BigBasket's brand in any way as they claimed in the cease and desist letter. That's a blatant lie," the company stated.
Daily Basket plans to set up a string of mini supermarkets throughout Coimbatore, while using them as delivery hubs for its online delivery business.
The company, started by Ramesh Vel and Ajit Kumar, operates one warehouse and is set to open a mini-store later this month.
The blogpost further said the company has put the issue out in the open as “we want to fight them in public. We are a tiny bootstrapped company currently only serving in Coimbatore and about to open our first physical location. We don't have that mighty power & money BigBasket possess to engage in endless lawsuits and unlawful intimidations."
Cases of trademark violation aren’t new. In the past, several consumer companies have locked horns with smaller, niche players. American coffee chain Starbucks sued homegrown SardarBuksh over concerns that it copied its brand name and logo. Burger King claimed that several small restaurants breached its trademark brand name well before it even made its debut in India.
BigBasket is set to sell a majority stake to Tata Group.
Daily Basket also posted a copy of a 17 February letter sent by legal representatives of BigBasket to the company.
“It has recently come to our client’s attention that you are carrying on an e-commerce business and offering identical products and services through the conflicting similar domain name “dailybasket.com" while using a deceptively and/or confusingly similar name and mark “dailybasket" and related logo as our client’s trading name and mark BigBasket/bigbasket.com," said the letter sent by legal representatives of BigBasket to Daily Basket.
BigBasket claims that Daily Basket is an e-commerce business and is offering identical products and services through similar domain name.
It alleged that the use of the ‘daily’ along with ‘basket’ does not make its name distinctive and is deceptive. “…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," according to the notice.
It further said Daily Basket’s mobile app creates an impression that it is associated with BigBasket for Coimbatore.
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