Big Basket and Daily Basket in Trademark Row: Bullying, Consumer Confusion or Justified?


Recently, India’s largest online grocery portal BigBasket served a “cease and desist” notice to a Coimbatore-based online grocery delivery startup Daily Basket[1], alleging trade mark infringement and brand name violation over the use of the term “basket”. The said notice dated 17-2-2021[2] (the original notice bears a wrong date 17-2-2020) sent by BigBasket lawyers claims that Daily Basket infringes on its trade mark and brand and in turn alleged that Daily Basket has adopted a name and a mark which is deceptively and/or confusingly similar to BigBasket name and mark and is carrying out an e-commerce business that offers similar products and services through a similar domain name — As per the legal notice, BigBasket had given the other entity 15 days to comply with the legal notice and to intimate BigBasket regarding the request within the next seven days. In addition, BigBasket had also asked the e-commerce company to shell out Rs 2 lakh towards the cost of the legal notice. The notice from BigBasket comes at a time when Tata Group is in talks with the grocery unicorn for a 68% stake for $1.3 billion[3].

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