IN THE ARBITRATION MATTER OF:-
BARCLAYS BANK PLC
The present dispute relates to the registration of the domain name
<barclayscard.in> in favour of the Respondent.
The Complainant has filed the instant complaint challenging the
registration of the domain name <barclayscard.in> in favour of the
respondent. The Complainant has contended that it is in the business of
banking services and has been established world-wide, having operation
in more than 50 countries. Complainant has further stated that its rights
over the its registered mark/brand 'BARCLAYS' and 'BARCLAYCARD. The
its right over the brand name 'barclays' and
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formed over 300 years ago and that it has launched its commercial
services in India in November 2006 and that today they boast a
clientage of over 2,300. The Complainant further contended that in
India the Complainant's GRCB (Global Retail and Commercial Banking)
division was launched in May'2007 and it includes Barclaycard, which is
said to be the Complainant's credit card division.
The Complainant has further contended that they own numerous
national, international and European Community trade marks ("CTM"s)
and that it owns an Indian registered trade mark for "BARCLAYS"
bearing registration number 1,297,655 and a registered trade mark
l,519,366.The Complainant contended that it also owns several gTLD
and ccTLD domain names comprising its BARCLAYCARD mark. For
instance, <barclaycard.com>; <barclaycard.de>; <barclaycard.co.uk>;
<barclaycard.it> and also <barclaycard.in>.The Complainant claimed to
have developed substantial goodwill and reputation in its BARCLAYS
and BARCLAYCARD marks and brands, on account of its extensive use
in India and other parts of the world.
The Complainant has contended that the disputed domain name
is visually, conceptua