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Thus, the Respondent is attempting (for commercial purposes) to attract Internet users to its website by creating a likelihood of confusion with the Complainant’s well-known mark CIALIS as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website and of the products or services posted on or linked to the Respondent’s website. The Respondent did not reply to the Complainant’s contentions. Under the Policy, paragraph 4(a), the Complainant must prove that each of the following three elements are present: (i) the domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights, and (ii) the Respondent has no rights or legitimate interests in respect of the domain name, and (iii) the domain name has been registered and is being used in bad faith.
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The Respondent’s sole reason for registering and using the domain name is to benefit from the reputation of the trademark CIALIS and illegitimately trade on its fame for commercial gain and profit. The Respondent’s use of the domain name is furthermore not justified by the principle that a mark may be used legitimately without its owner’s consent to promote a bona fide offering of goods and services placed on the market by its owner because the Respondent advertises and sells generic CIALIS product under the domain name. (iii) The domain name was registered in bad faith since the Respondent had knowledge of the well-known and highly distinctive CIALIS mark at the time of the registration of the confusingly similar domain name. Furthermore, the domain name is also being used in bad faith. The Respondent is using the domain name to attract Internet consumers to its website where it advertises and sells generic CIALIS product. To establish confusing similarity, it is not required to establish that the registration and use of a domain name cause confusion as to their source, but whether the mark and the alphanumeric string constituting a domain name are confusingly similar when directly compared. CIALIS is a highly distinctive identifier of the source of the Complainant’s product, with a strong international reputation, and it is the only distinctive part of the domain name. The mere addition of the generic word “medication” following the trademark does not eliminate the similarity between the Complainant’s distinctive mark and the domain name, as “medication” is a descriptive component of the domain name which describes the type of product the Complainant sells under the name CIALIS and therefore is without any significance. It is well established that a domain name that wholly incorporates a trademark may be confusingly similar to such trademark for purposes of the Policy despite the addition of descriptive words (cf.
| Product | Dosage | Quantity + Bonus | Price | |
|---|---|---|---|---|
| Cialis Generic | 5mg | 20 Pills | 41.99€ 39.99€ | |
| Cialis Soft Tabs | 20mg | 270 + 10 Pills | 471.40€ 448.95€ | |
| Cialis Professional | 20mg | 270 + 6 Pills | 623.07€ 593.40€ | |
| Cialis Generic | 5mg | 270 + 10 Pills | 205.81€ 196.01€ | |
| Cialis Super Active | 20mg | 120 + 16 Pills | 382.15€ 363.95€ | |
| Cialis Black | 80mg | 60 + 4 Pills | 150.98€ 143.79€ | |
| Cialis Generic | 10mg | 20 Pills | 48.23€ 45.93€ | |
| Cialis Generic | 40mg | 180 + 10 Pills | 277.29€ 264.09€ | |
| Cialis Generic | 40mg | 30 + 4 Pills | 74.97€ 71.40€ | |
| Cialis Generic | 60mg | 360 + 10 Pills | 570.52€ 543.35€ | |
| Cialis Generic | 2.5mg | 30 + 4 Pills | 51.95€ 49.48€ | |
| Cialis Generic | 2.5mg | 10 Pills | 28.51€ 27.15€ | |
| Cialis Professional | 40mg | 120 + 4 Pills | 436.68€ 415.89€ |
D2000-1493 - <4microsoft2000.com>, Lilly ICOS LLC v. John Hopking / Neo net Ltd., WIPO Case No.�D2005-0694 -
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Cybernet Marketing/Antoine Tardif The Complainant is Lilly ICOS LLC, of Wilmington, Delaware, United States of America, represented by Baker & Daniels LLP, of United States of America. The Respondent is Cybernet Marketing/Antoine Tardif, of Alberta, Canada. The disputed domain name
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On September�14,�2006, the Center transmitted by email to OnlineNic, Inc. a request for registrar verification in connection with the domain name at issue. On September�15,�2006, OnlineNic, Inc. d/b/a China-Channel.com transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the administrative, billing, and technical contact. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on September�26,�2006. v. US Online Pharmacies, WIPO Case No.�D2006-0646 -
- Room temperature 68-77 F
- Keep away from direct light
- Store in a dry place
- Do not refrigerate usually
- Discard expired medication
Ivan Petrov, WIPO Case No. D2005-1177 -
| Side Effect | Severity | Frequency | Recommendations |
|---|---|---|---|
| Headache | Mild | Common | Hydrate, over-the-counter pain relievers |
| Flushing | Mild | Common | Cool environment, avoid hot drinks |
| Upset Stomach | Mild | Occasional | Eat light meals before taking |
| Back Pain | Mild | Less Common | Rest, consult doctor if persists |
| Nasal Congestion | Mild | Common | Use saline spray, limit exposure |
The Counsel Group, LLC, WIPO Case No.
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The Complainant began selling pharmaceutical products identified by the CIALIS mark on January�22,�2003, in the European Union, followed soon thereafter by sales in Australia and New Zealand. The sales in the United States of America started in November�2003. To date, the Complainant’s sales of CIALIS brand product exceed $1 billion dollars and the CIALIS brand drug has been the subject of extensive media coverage. Eli Lilly and Company is the owner of the domain name
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In the past, the Respondent was already involved in another WIPO UDRP case, namely Sanofi-Aventis v. Antoine Tardif / Cybernet Marketing, WIPO Case No. The Complainant contends that each of the three elements specified in the Policy, paragraph 4(a), are given in the present case: (i) The domain name is confusingly similar to the CIALIS mark as it fully incorporates the word “cialis” and the addition of the descriptive word “medication” does not prevent a finding of confusing similarity. The mere addition of the term “medication” to the domain name does not negate the distinctiveness of the Complainant’s CIALIS mark. (ii) The Respondent has no rights or legitimate interests in respect of the domain name: The Complainant has not given the Respondent any permission, authorization, consent or license to use its CIALIS mark. D2005-0356 -
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The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). In accordance with the Rules, paragraph 2(a) and paragraph 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on September�27,�2006. In accordance with the Rules, paragraph 5(a), the due date for Response was October�17,�2006. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October�18,�2006.
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The Center appointed Brigitte Joppich as the sole panelist in this matter on October�30,�2006. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. The Complainant, Lilly ICOS LLC, a limited liability company organized under the laws of the State of Delaware, U.S.A, is a joint venture between ICOS Corporation and Eli�Lilly and Company. The Complainant first applied for registration of the trademark CIALIS in 1999 and since then has obtained more than 130 registrations for the CIALIS mark covering more than 117 countries. v.
| Product Name | Active Ingredient | Dosage Forms | Price Range (USD) | Available Countries |
|---|---|---|---|---|
| Cialis Lilly | Tadalafil | Tablets (2.5 mg - 20 mg) | $50 - $200 | USA, UK, Canada, Australia |
| Cialis Daily | Tadalafil | Once daily tablets | $70 - $180 | USA, Germany, Japan |
| Cialis Super Active | Tadalafil | Fast-acting tablets | $60 - $150 | UK, France, India |
| Cialis Softgel | Tadalafil | Softgel capsules | $55 - $190 | Canada, Australia |
Chris McCrady, WIPO Case No.
| Country | Legal Status | Prescription Required | Import Restrictions | Penalties for Illegal Purchase |
|---|---|---|---|---|
| USA | Prescription only | Yes | Strict import controls | Fines, prosecution |
| UK | Prescription required | Yes | Controlled import | Legal action |
| Australia | Prescription mandated | Yes | Limited import permitted | Fines, confiscation |
| Canada | Prescription required | Yes | Moderate import controls | Penalties possible |
Therefore the Panel finds that the Complainant has satisfied the requirements of the Policy, paragraph 4(a)(i).
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This information does not assure that this product is safe, effective, or appropriate for you. This information is not individual medical advice and does not substitute for the advice of your health care professional. Always ask your healthcare professional for complete information about this product and your specific health needs. I've been using offshore cheap meds for 10 years. I have been purchasing my ED meds from offshore for 3 years.
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I will continue to buy from them as long as there is no problem with US customs. They have the best price around for this medication. Good site to use for affordable medicine. The site is easy to use and they remind me when it's time to refill my Prescription. Lilly ICOS LLC v. The Policy, paragraph 4(c), sets out three illustrative circumstances as examples which, if established by the Respondent, shall demonstrate his rights to or legitimate interests in a domain name for purposes of the Policy, paragraph 4(a)(ii), i.e.: (i) before any notice to the Respondent of the dispute, the use by the Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) the Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if the Respondent has acquired no trademark or service mark rights; or (iii) the Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the service marks at issue.
- Cialis by Lilly is sometimes used off-label for pulmonary hypertension.
- The medication should be taken at the same time each day if prescribed daily.
- Lilly’s Cialis can cause side effects that should be reported to your doctor.
- Regular medical check-ups are recommended while taking Lilly Cialis.
The Respondent did not give evidence of any of the circumstances specified in the Policy, paragraph 4(c), or any other circumstances in favor of rights or legitimate interests in the domain name. The domain name is highly unlikely to be derived from either the Respondent’s personal name or the name or the nature of the business operated by him, nor is the Respondent commonly known by the domain name.
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