D2005-0694; Lilly ICOS LLC v.

At a glance

Complainant submits that the CIALIS mark is an invented word that has a high degree of individuality, inherent distinctiveness and no common colloquial use. Complainant further alleges that the Domain Name is confusingly similar to the CIALIS mark. Complainant argues that the addition of a descriptive term to the trademark CIALIS does not lessen the confusing similarity. Further, Complainant presents prior Panel decisions that found that the incorporation of a distinctive mark in its entirety into a domain name creates sufficient similarity between a mark and a domain name to render the domain name confusingly similar. Complainant urges this Panel to find in accord with those prior Panels.

2. They Have Different Price Points

Complainant buy cialis jelly alleges that Respondent has no rights or legitimate interests in the Domain Name. Complainant points out that the Domain Name appears linked to various commercial websites advertising and selling “Generic” CIALIS brand products, in addition to products which are competitive with Complainant’s product, such as VIAGRA� brand product and LEVITRA� brand product. Complainant alleges on information and belief that Respondent is financially compensated for these links to products that compete with CIALIS. Complainant draws the attention of the Panel to prior Panel decisions that limit the circumstances under which an unaffiliated party may market and sell goods on a website located at a domain name that incorporates or includes a trademark. In accordance with the propositions laid down in Oki Data Americas, Inc v. Tudor Burden, Burden Marketing, WIPO Case No.

D2004-0794; Lilly ICOS LLC v.

Cialis® (tadalafil) marks 10 years since U.S. approval

Accordingly, the Center notified the Respondent’s default on April�18,�2007. The Center appointed Andrew Mansfield as the sole panelist in this matter on April�30,�2007. 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. Complainant owns the United States Federal trademark CIALIS.

How long does it take for Cialis to work?

The CIALIS mark was registered on the principal register (Registration No. 2,724,589) on June�10,�2003, giving Complainant a constructive use date of June�17,�1999. In addition, Complainant has approximately 130 trademark registrations and applications in approximately 117 nations around the world. The trademark CIALIS designates a pharmaceutical preparation intended for the treatment of erectile dysfunction. Complainant alleges that Complainant’s decision to use the CIALIS trademark to identify its pharmaceutical product was made public in July�2001. The Counsel Group, LLC, WIPO Case No.

It is well established from prior Panel decisions that a domain name that incorporates a distinctive mark in its entirety creates sufficient similarity between the mark and a domain name to render the domain name confusingly similar. Complainant asserts that it is aware of no rights or legitimate interests that Respondent has in the disputed domain name.

Society and culture

Complainant clearly and unambiguously has exclusive rights to the trademark CIALIS. In the present case, the Domain Name consists of the top level domain identifier “.com” and the word “focus.” Neither addition lessens the confusing similarity between the Domain Name and the mark CIALIS. The addition of a descriptive word to Complainant’s CIALIS trademark does not prevent a finding of confusing similarity. See Lilly ICOS LLC v. John Hopking / Neo net Ltd., WIPO case No. The disputed domain name is not the name of the Respondent as listed in the Whois data (“PF”) and there is no evidence before the Panel that the Respondent is commonly known by the disputed domain name.

Complainant asserts that it has not authorized Respondent to use the mark.

Lilly ICOS' Cialis (tadalafil) Makes Impressive Strides in First Six Months on the U.S. ED Treatment Market

Complainant has the burden of proof in showing that each element within paragraph 4(a) of the Policy is present. (i) the Domain Name is identical or confusingly similar to a trademark or service mark in which Complainant has rights; (ii) Respondent has no rights or legitimate interests in respect of the Domain Name; and (iii) the Domain Name was registered and is being used by Respondent in bad faith. Even when a respondent defaults, as is the case here, the Complainant must establish and carry the burden of proof on each of the three elements identified above with regard to each of the disputed domain names. See Brooke Bollea, a.k.a Brooke Hogan v. Robert McGowan, WIPO Case No. The Panel is satisfied that complainant has made out an initial prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. Once such a prima facie case is made, Respondent carries the burden of demonstrating a right or legitimate interest in the disputed domain name.

Mechanism of action

ASD, Inc, WIPO Case No. D2001-0903, and followed in many subsequent cases (see particularly Deutsche Telekom AG v. Mighty LLC/Domain Admin, WIPO Case No. D2005-0027), Respondent could find a safe harbor for the sale of CIALIS� on the website at the Domain Name only if: (i) Respondent is actually offering CIALIS�; (ii) Respondent uses the website to sell only the trademarked goods or services; and (iii) the website accurately discloses Respondent’s relationship (or otherwise) with the trademark owner. Complainant alleges that none of these factors are applicable ordering cialis from canada in this case.

How to use Cialis?

Complainant alleges that Respondent registered and is using the Domain Name in bad faith. Complainant relies in part on Paragraph 4(b)(iv) of Policy which provides that evidence of bad faith registration and use is shown when registration of a domain name occurs in order to utilize another’s well-known trademark by attracting Internet users to a website for commercial gain. Complainant alleges that Respondent had constructive knowledge of Complainant’s trademark CIALIS. Complainant requests that the Administrative Panel appointed in this administrative proceeding issue a decision that the domain name be transferred to Complainant. The Respondent did not reply to the Complainant’s contentions. By matter of default, Respondent has failed to do so, and Complainant is deemed to have satisfied paragraph 4(a)(ii) of the Policy.

• The usual starting dose for Cialis Lilly in ED treatment is 10 mg before sexual activity.
• For daily use, doses ranging from 2.5 to 5 mg are common.
• Patients should not exceed one dose per day to avoid complications.
• Cialis Lilly’s onset of action can be as quick as 30 minutes.
• Duration is substantially longer than many other ED medications, up to 36 hours.
• Cialis helps restore erectile function but does not cause erection without sexual stimulation.
• If an erection lasts more than 4 hours, seek immediate medical help to avoid priapism.
• Cialis Lilly tablets should be swallowed whole with water; avoid crushing.
• Follow all prescription guidelines strictly to maximize safety.
• Consult your doctor if no improvement is noticed after several doses.

C.

What Are the Current Market Dynamics for Tadalafil?

The Panel proceeds to deal with each of these elements in turn. The possession of United States Federally registered trademark rights by Complainant meets the threshold requirement of possessing trademark rights sufficient to satisfy paragraph 4(a)(i) of the Policy. The Panel notes that Complainant has a United States Federally registered trademark to CIALIS. This alone satisfies paragraph 4(a)(i) of the Policy. In addition, Complainant owns numerous trademark registrations to the mark CIALIS in over a hundred other nations. Registered and Used in Bad Faith Paragraph 4(b) of the Policy provides the following non-exclusive examples of registration and use in bad faith: “For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant who cialis no perscription is the owner of the trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your website or other on-line location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your website or location or of a product or service on your website or location.” The Panel finds that Respondent has sought to benefit from the confusion between the disputed Domain Name and Complainant’s trademark.

• Cialis Lilly’s tadalafil works by inhibiting the PDE5 enzyme that restricts blood flow.
• Its extended window allows sexual activity without strict timing constraints.
• Clinical trials demonstrate significant improvements in erectile function.
• Cialis Lilly is often preferred due to fewer visual side effects versus alternatives.
• Combining alcohol with Cialis Lilly is not recommended as it may lower blood pressure.
• The brand is commitment-driven to ongoing research and development.
• Generic tadalafil products exist but Lilly’s brand emphasizes consistent dosing.
• Cialis Lilly supports patient adherence through convenient packaging.
• It is sometimes used off-label under medical guidance for pulmonary arterial hypertension.
• Cost and insurance coverage vary depending on country and provider.

Respondent’s conduct is similar to the example provided in Paragraph 4(b)(iv) of the Policy.

The Panel finds that the evidence supports the conclusion that Respondent is benefiting or has benefited financially from the confusion it has created between Complainant’s trademark CIALIS and the Domain Name. Internet users seeking information on CIALIS or locations to purchase prescribed CIALIS may be misled into purchasing a competitor’s product.

What Are the Financial Trajectories and Revenue Projections?

Complainant alleges that 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. Complainant began sales in the United States in November�2003. Complaint states that the product introduction received significant press coverage worldwide. Complainant alleges that in 2004, Complainant spent approximately $39 million (U.S.) to market and sell its CIALIS brand product worldwide, U.S. sales of the CIALIS brand product totaled more than $206 million (U.S.), and worldwide sales of CIALIS brand product were in excess of $550 million (U.S.).

Comparison with actions of other PDE5 inhibitors

Complainant’s alleged sales of CIALIS brand product exceed $1 billion (U.S.). Complainant alleges that it has an Internet presence, primarily through the website accessed by the domain name , that it uses to advertise and provide information regarding its pharmaceutical product. The domain name was registered by Complainant on August�10,�1999. Complainant alleges that it has used this domain name to identify a website since at least June�2001. Respondent registered the Domain Name on January�2,�2006.