BigBasket is bullying dailybasket.com with cease and desist letter
We (dailybasket.com) are a tiny online/offline grocery startup currently only serving in Coimbatore. We recently received a cease and desist letter from BigBasket to close down our operations and hand over our domains(ie, our business) to them because we have 'basket' in our brand and we also sell groceries online.
We started our operations in August of 2020. Our plan is to set up a string of mini supermarkets throughout Coimbatore and make them act as delivery hubs for our online delivery business. Currently, we operate one warehouse and about to open a mini-store in coming February 25th.
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. This is our attempt to debunk their claims. Please read on
Here's what they wanted us to do
- Stop using the domain name dailybasket.com
- Discontinue the mobile apps
- Stop all the operations immediately
- Transfer our domain name dailybasket.com (Which is premium btw, and costs a little fortune) to them immediately with free of cost
- Pay their legal team of 2 lakh rupees to cover the legal notice
- Don't use similar domain containing “basket” as a prominent feature ever again
Here's their claims on our wrongdoing
- An e-commerce business and offering identical products and services through the conflicting similar domain name
- 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.
- Deliberately copied the layout and getup of our client’s website (with insignificant minor changes) to mischievously associate it with our client’s brand “BigBasket”.
- Our client was also shocked to see that you have recently created a mobile App under name “Daily Basket Coimbatore-Best grocery delivery app”, to conduct your aforesaid e-commerce business operation, which is also extremely similar to our client’s mobile applications for offering their services and selling products available at the BigBasket.com marketplace.
- By using the said mobile App, you are malafidely trying to create an impression that you are associated with BigBasket for Coimbatore, which in fact, is not the case.
Ok, lets explore the claims one by one. (BigBasket lawyers, Now you can easily see side by side comparison of all the claims easily. Hope this saves some of your precious hours. )
1. Here's the comparison of our logos (Move the slider to see each)
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.
2. Here's both the websites for comparison
insignificant minor changes... Nope (Seems you see a different picture here than any one else). That's just compleyely wrong. Have a look at yourselves. We didn't copy your website
makeup getup, Its a different UI (User Interface) entirely.
Common things are searchbar, category menu and product visuals. But It's the same everywhere, go look at grofers, JioMart amazon, flipkart or any one for that matter. Its an online ecommerce portal for god's sake.
3. Here's the app screen for comparison
We sell groceries in online as you do, nothing more than that. Whatever you are accusing us of, thats completely a false narrative.
Our app is completely different just like how our website is completely different from yours. Please go read & re read our response to point 2. Its the same here. Also, can you enlighten us with your findings on how our app is extremely similar?
Thats a vague statement to say when you are asking us to shut down the business and throw away our source of livelihood that we built over the years.
4. If you are still stuck on your app that is extremely similar to ours, please have a look at both of the apps in action and see for yourselves
If you want we can record and show every screen. Or we can do even better, we will record jiomart, grofers, naturesbasket, amazon pantry along with our 2 apps.
We bet each app has all these exactly same features like searching for groceries, adding product to cart, showing offers, placing orders and making payment. Or do you still think you only own these features? and no one with "basket" in their names are not allowed to use?
5. Here's the play store details of each of them
Our app title clearly states "Daily Basket Coimbatore Best Grocery delivery app".
You said "By using the said mobile App, you are malafidely trying to create an impression that you are associated with BigBasket for Coimbatore, which in fact, is not the case. ", could you please care to explain where in the world did we say or imply we are associated with bigBasket in Coimbatore??
Here's the cease & desist notice
What are we planning to do?
We put this in open so 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 engane in endless lawsuits and unlawful intimidations.
But we will show the truth in public to everyone to see what bigbasket has become. And how a big billion dollar company sees a upcomer as a competition and trying to eliminate us with corporate bullying.
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 engaing in unfair competition & unlawful demands with a tiny 2 person startup.
What can you do to help us?
We are a small bootstrapped business with no major backing, we alone can't defend our business with these kind of attacks. We need all the help we can get.
To start with, please spread this story with your friends and followers in social media till we hear something good from bigbasket.
You can reach me here @rameshvel