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18, 2006) (holding that the complainant must first make a prima facie case that the respondent lacks rights and legitimate interests in the disputed domain name under UDRP ¶ 4(a)(ii) before the burden shifts to the respondent to show that it does have rights or legitimate interests in a domain name); see also AOL LLC v.

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v. Aston, FA 593977 (Nat. Forum Dec. 28, 2005) (“Respondent is appropriating Complainant’s mark to divert Complainant’s customers to Respondent’s competing business. The Panel finds this diversion is evidence of bad faith registration and use pursuant to Policy ¶ 4(b)(iii).”).

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Therefore, the Panel finds there is sufficient evidence to demonstrate Respondent has attempted to disrupt Complainant’s legitimate business in bad faith under Policy ¶ 4(b)(iii). As the CIALIS mark has garnered worldwide recognition in its brand and is a distinctive mark, Complainant contends that Respondent is presumably attempting to profit from Internet confusion as to the source, sponsorship, or affiliation between Complainant and Respondent, demonstrating Policy ¶ 4(b)(iv) bad faith. 23, 2009) found that the respondent’s selling of counterfeit products created the likelihood of confusion as to the complainant’s affiliation with the disputed domain name which allowed the respondent to profit from that confusion, demonstrating bad faith under Policy ¶ 4(b)(iv). Similarly, the Respondent here is alleged to make offerings of counterfeit products. The Panel finds that the offer of counterfeit and competing products constitutes bad faith attraction for commercial gain under Policy ¶ 4(b)(iv).

Related Products

See MathForum.com, LLC v. Weiguang Huang, D2000-0743 (WIPO Aug. 17, 2000) (finding bad faith under Policy ¶ 4(b)(iv) where the respondent registered a domain name confusingly similar to the complainant’s mark and the domain name was used to host a commercial website that offered similar services offered by the complainant under its mark). Complainant asserts that, due to its extensive list of trademark registrations, Respondent must have had constructive knowledge of Complainant's rights in the CIALIS mark when Respondent registered the disputed domain names. Complainant further argues that Respondent’s sale of pharmaceutical products, some of which bear the distinctive CIALIS mark, and which are the same types of products offered by Complainant, indicate that Respondent had actual knowledge of Complainant and its rights. Gerberg, FA 780200 (Nat. Forum Sept.

• Cialis 20mg is typically prescribed for men with persistent erectile issues.
• It is important to avoid grapefruit or grapefruit juice with Cialis.
• Cialis 20mg may cause dizziness; avoid driving if affected.
• The medication enhances natural sexual response, not causes arousal.
• Cialis 20mg is effective in various age groups, but consult a doctor for suitability.
• Patients should report any adverse reactions to their healthcare provider promptly.

25, 2006) (“Complainant must first make a prima facie showing that Respondent does not have rights or legitimate interest in the subject domain names, which burden is light. If Complainant satisfies its burden, then the burden shifts to Respondent to show that it does have rights or legitimate interests in the subject domain names.”). Complainant claims Respondent has no rights or legitimate interests in the disputed domain names. Complainant contends that Respondent is not commonly known by the disputed domain names, nor has it gained any permission from Complainant to register the CIALIS mark in any way. Because Respondent has submitted no additional evidence for the Panel’s consideration, and in light of the available WHOIS information, the Panel finds there is no basis to determine that Respondent is commonly known by the disputed domain names under Policy ¶ 4(c)(ii). Forum Dec. 7, 2006) (finding that the respondent failed to establish rights and legitimate interests in the domain name as the respondent was not authorized to register domain names featuring the complainant’s mark and failed to submit evidence that it is commonly known by the domain name). Complainant asserts that Respondent is not making use of the disputed domain names for any bona fide offering of goods or services or for any legitimate noncommercial or fair use. Instead, all pages resolve to the template, promoting and allegedly selling “CIALIS JELLY”, along with other pharmaceutical products which have not been approved by the FDA, demonstrating unlawful sale. In Nycomed Danmark ApS v. Diaz, D2006-0779 (WIPO Aug. 15, 2006), the panel concluded that “the respondent’s use of a disputed domain name to operate a website promoting an illegal food supplement was not a bona fide offering of goods or services under Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii).” Absent the alleged illegality of Respondent’s products, such products also compete with Complainant or be counterfeit products of Complainant’s, which cialis online pharmacy canadian is evidence that Respondent is not making bona fide offering of goods or services or noncommercial or fair use of the domain names under Policy ¶ 4(c)(i) and (iii). Forum Nov. 30, 2007) (concluding that the sale of counterfeit products is evidence that the respondent does not make a bona fide offering of goods or services or a legitimate noncommercial or fair use of a disputed domain name); see also Alcon, Inc. v. ARanked, FA 1306493 (Nat. 18, 2010) (“The Panel finds that capitalizing on the well-known marks of Complainant by attracting internet users to its disputed domain names where Respondent sells competing products of Complainant is not a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i) or a noncommercial or fair use pursuant to Policy ¶ 4(c)(iii).”). The Panel finds that Respondent’s use of the resolving sites are not a bona fide offering of a good or service per Policy ¶ 4(c)(i), or a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii). As 392 disputed domain names have been registered by Respondent in the present case, there is evidence that Respondent has engaged in a bad faith pattern of domain name registrations under Policy ¶ 4(b)(ii). See Time Warner Entertainment Company, L.P. v. HarperStephens, D2000-1254 (WIPO Dec. 13, 2000), in which the panel found a respondent’s registration of over 100 domain names was sufficient to constitute a pattern of such conduct. The Panel therefore finds that the number of disputed domain names incorporating the CIALIS mark supports a finding of bad faith per Policy ¶ 4(b)(ii). Complainant argues that as the resolving webpage to all the disputed domain names purport to sell counterfeit or competing products of Complainant, and such use constitutes bad faith disruption per Policy ¶ 4(b)(iii).

Product	Dosage	Quantity + Bonus	Price
Cialis Generic	2.5mg	90 + 6 Pills	112.43€ 107.08€	Buy
Cialis Original	20mg	48 + 4 Pills	224.69€ 213.99€	Buy
Cialis Generic	60mg	90 + 6 Pills	196.67€ 187.30€	Buy
Cialis Generic	10mg	360 + 10 Pills	388.49€ 369.99€	Buy
Cialis Generic	10mg	90 + 6 Pills	146.17€ 139.21€	Buy
Cialis Super Active	20mg	30 + 6 Pills	128.09€ 121.99€	Buy
Cialis Generic	40mg	360 + 10 Pills	477.87€ 455.11€	Buy
Cialis Generic	60mg	360 + 10 Pills	570.52€ 543.35€	Buy
Cialis Generic	20mg	10 Pills	31.49€ 29.99€	Buy
Cialis Generic	5mg	20 Pills	41.99€ 39.99€	Buy
Cialis Black	80mg	120 + 8 Pills	264.77€ 252.16€	Buy
Cialis Generic	10mg	270 + 10 Pills	308.71€ 294.01€	Buy
Cialis Professional	40mg	180 + 4 Pills	618.23€ 588.79€	Buy
Cialis Super Active	20mg	120 + 16 Pills	382.15€ 363.95€	Buy

Panels have found such use is bad faith disruption under the Policy.

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Forum Nov. 30, 2007) (concluding that the sale of counterfeit products is evidence that the respondent does not make a bona fide offering of goods or services or a legitimate noncommercial or fair use of a disputed domain name); see also Alcon, Inc. v. ARanked, FA 1306493 (Nat. 18, 2010) (“The Panel finds that capitalizing on the well-known marks of Complainant by attracting internet users to its disputed domain names where Respondent sells competing products of Complainant is not a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i) or a noncommercial or fair use pursuant to Policy ¶ 4(c)(iii).”).

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The Panel finds that Respondent’s use of the resolving sites are not a bona fide offering of a good or service per Policy ¶ 4(c)(i), or a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii). As 392 disputed domain names have been registered by Respondent in the present case, there is evidence that Respondent has engaged in a bad faith pattern of domain name registrations under Policy ¶ 4(b)(ii). See Time Warner Entertainment Company, L.P. v. HarperStephens, D2000-1254 (WIPO Dec.

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13, 2000), in which the panel found a respondent’s registration of over 100 domain names was sufficient to constitute a pattern of such conduct. The Panel therefore finds that the number of disputed domain names incorporating the CIALIS mark supports a finding of bad faith per Policy ¶ 4(b)(ii). Complainant argues that as the resolving webpage to all the disputed domain names purport to sell counterfeit or competing products of Complainant, and such use constitutes bad faith disruption per Policy ¶ 4(b)(iii). Panels have found such use is bad faith disruption under the Policy. 5, 2008) (concluding that the complainant’s business is disrupted by the respondent’s registration and use of the disputed domain name for the purpose of selling counterfeit products); see also DatingDirect.com Ltd. 5, 2008) (concluding that the complainant’s business is disrupted by the respondent’s registration and use of the disputed domain name for the purpose of selling counterfeit products); see also DatingDirect.com Ltd. v. Aston, FA 593977 (Nat. Forum Dec. 28, 2005) (“Respondent is appropriating Complainant’s mark to divert Complainant’s customers to Respondent’s competing business.

About the Company

According to market research firm ImpactRx™ (which tracks the habits of a panel of high prescribing physicians and may reflect emerging trends in doctors’ offices today)4, U.S. urologists initiated treatment with Cialis in April at a rate of more than two-to-one over each of the other oral ED treatments. In fact, Cialis represented 56 percent of new treatment initiations by urologists in April, compared to 21 percent for Levitra (vardenafil HCl)5 and 23 percent for Viagra.6 Based on data from IMS, another source of market information, in April, Cialis represented 30 percent of new ED treatment prescriptions written by urologists, compared to 16 percent for Levitra and 54 percent for Viagra.7 In April, nearly two thirds of all men who switched their oral ED treatment switched to Cialis. Following is information from ImpactRx™ on share of new prescriptions written in April by doctors changing their patients' ED treatment from product to another. In an independent clinical study, more men selected Cialis as their preferred treatment of choice after trying different oral ED medications, primarily because of how long the drug worked.8 This may explain why many men with ED who are on oral treatment are switching to Cialis. The Panel finds this diversion is evidence of bad faith registration and use pursuant to Policy ¶ 4(b)(iii).”). Therefore, the Panel finds there is sufficient evidence to demonstrate Respondent has attempted to disrupt Complainant’s legitimate business in bad faith under Policy ¶ 4(b)(iii). As the CIALIS mark has garnered worldwide recognition in its brand and is a distinctive mark, Complainant contends that Respondent is presumably attempting to profit from Internet confusion as to the source, sponsorship, or affiliation between Complainant and Respondent, demonstrating Policy ¶ 4(b)(iv) bad faith. 23, 2009) found that the respondent’s selling of counterfeit products created the likelihood of confusion as to the complainant’s affiliation with the disputed domain name which allowed the respondent to profit from that confusion, demonstrating bad faith under Policy ¶ 4(b)(iv). Similarly, the Respondent here is alleged to make offerings of counterfeit products.

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18, 2006) (holding that the complainant must first make a prima facie case that the respondent lacks rights and legitimate interests in the disputed domain name under UDRP ¶ 4(a)(ii) before the burden shifts to the respondent to show that it does have rights or legitimate interests in a domain name); see also AOL LLC v. Gerberg, FA 780200 (Nat. Forum Sept. 25, 2006) (“Complainant must first make a prima facie showing that Respondent does not have rights or legitimate interest in the subject domain names, which burden is light. If Complainant satisfies its burden, then the burden shifts to Respondent to show that it does have rights or legitimate interests in the subject domain names.”).

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Complainant claims Respondent has no rights or legitimate interests in the disputed domain names. Complainant contends that Respondent is not commonly known by the disputed domain names, nor has it gained any permission from Complainant to register the CIALIS mark in any way. Because Respondent has submitted no additional evidence for the Panel’s consideration, and in light of the available WHOIS information, the Panel finds there is no basis to determine that Respondent is commonly known by the disputed domain names under Policy ¶ 4(c)(ii). Forum Dec. 7, 2006) (finding that the respondent failed to establish rights and legitimate interests in the domain name as the respondent was not authorized to register domain names featuring the complainant’s mark and failed to submit evidence that it is commonly known by the domain name).

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Complainant asserts that Respondent is not making use of the disputed domain names for any bona fide offering of goods or services or for any legitimate noncommercial or fair use. Instead, all pages resolve to the template, promoting and allegedly selling “CIALIS JELLY”, along with other pharmaceutical products which have not been approved by the FDA, demonstrating unlawful sale. In Nycomed Danmark ApS v. Diaz, D2006-0779 (WIPO Aug. 15, 2006), the panel concluded that “the respondent’s use of a disputed domain name to operate a website promoting an illegal food supplement was not a bona fide offering of goods or services under Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii).” Absent the alleged illegality of Respondent’s products, such products also compete with Complainant or be counterfeit products of Complainant’s, which cialis online pharmacy canadian is evidence that Respondent is not making bona fide offering of goods or services or noncommercial or fair use of the domain names under Policy ¶ 4(c)(i) and (iii). The Panel finds that the offer of counterfeit and competing products constitutes bad faith attraction for commercial gain under Policy ¶ 4(b)(iv).

• Cialis 20mg by Lilly is one of the most effective pills for ED treatment.
• The medication is generally well-tolerated, but side effects can occur.
• Always use Cialis 20mg under medical supervision for safety.
• Cialis 20mg can interact with certain antifungal or antibiotic medications.
• Avoid taking Cialis 20mg with other ED medications unless advised.
• Proper hydration and timing enhance the drug’s effectiveness.

See MathForum.com, LLC v. Weiguang Huang, D2000-0743 (WIPO Aug. 17, 2000) (finding bad faith under Policy ¶ 4(b)(iv) where the respondent registered a domain name confusingly similar to the complainant’s mark and the domain name was used to host a commercial website that offered similar services offered by the complainant under its mark). Complainant asserts that, due to its extensive list of trademark registrations, Respondent must have had constructive knowledge of Complainant's rights in the CIALIS mark when Respondent registered the disputed domain names.

• In summary, Cialis 20mg by Lilly is a potent, long-acting PDE5 inhibitor.
• Its primary uses are for on-demand treatment of erectile dysfunction.
• It is also approved for the signs and symptoms of benign prostatic hyperplasia.
• The 36-hour window of effect offers flexibility compared to shorter-acting agents.
• It requires a prescription and a thorough medical evaluation prior to use.
• Key contraindications include concomitant use of nitrates or guanylate cyclase stimulators.
• Common side effects are typically mild and transient.
• Patients must be aware of rare but serious side effects requiring immediate care.
• Generic tadalafil provides a clinically equivalent, cost-effective alternative.
• Always consult a healthcare professional for personalized medical advice.

Complainant further argues that Respondent’s sale of pharmaceutical products, some of which bear the distinctive CIALIS mark, and which are the same types of products offered by Complainant, indicate that Respondent had actual knowledge of Complainant and its rights. Panels have held that constructive knowledge is not buy cheap cialis online enough evidence of bad faith.

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Panels have held that constructive knowledge is not buy cheap cialis online enough evidence of bad faith. See Custom Modular Direct LLC v. Custom Modular Homes Inc., FA 1140580 (Nat. 8, 2008) ("There is no place for constructive notice under the Policy."). However the Panel agrees with Complainant regarding Respondent's actual knowledge, and concludes that Respondent registered the disputed domain names in bad faith according to Policy ¶ 4(a)(iii).

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See Immigration Equality v. Brent, FA 1103571 (Nat. Forum Jan. 11, 2008) ("That Respondent proceeded to register a domain name identical to, and with prior knowledge of Complainant's mark is sufficient to prove bad faith registration and use under Policy ¶ 4(a)(iii)."). Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

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Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page This release was issued by Lilly ICOS LLC Cialis Leads Market in New Treatment Initiations and Switches for April After only six months, Cialis® (tadalafil)1, the latest oral erectile dysfunction (ED) treatment on the market in the U.S., is challenging Viagra® (sildenafil citrate)2for share of the ED market as Cialis leads in new treatment initiations by urologists3 and switches from other products for April. Cialis is marketed by Lilly ICOS LLC, a joint venture between Eli Lilly and Company (NYSE: LLY) and ICOS Corporation (Nasdaq: ICOS). Cialis is the only ED treatment shown to improve erectile function up to 36 hours in most men. Cialis can be taken without regard to food. See Custom Modular Direct LLC v. Custom Modular Homes Inc., FA 1140580 (Nat. 8, 2008) ("There is no place for constructive notice under the Policy."). However the Panel agrees with Complainant regarding Respondent's actual knowledge, and concludes that Respondent registered the disputed domain names in bad faith according to Policy ¶ 4(a)(iii). See Immigration Equality v. Brent, FA 1103571 (Nat. Forum Jan. 11, 2008) ("That Respondent proceeded to register a domain name identical to, and with prior knowledge of Complainant's mark is sufficient to prove bad faith registration and use under Policy ¶ 4(a)(iii).").

• Post-marketing surveillance continues to monitor the long-term safety profile.
• Healthcare professionals are encouraged to report adverse events to the FDA's MedWatch.
• Patients should also report any unexpected side effects to their doctor.
• The benefit-risk profile remains favorable for the approved indications.
• Off-label use should be based on sound clinical evidence and judgment.
• Research continues into other potential uses for PDE5 inhibitors.
• Areas of investigation include Raynaud's phenomenon and altitude sickness.
• However, Cialis 20mg is only officially approved for ED and BPH.
• The medication represents a significant advancement in urological pharmacotherapy.
• It provides an important treatment option for men with these common conditions.

Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page This release was issued by Lilly ICOS LLC Cialis Leads Market in New Treatment Initiations and Switches for April After only six months, Cialis® (tadalafil)1, the latest oral erectile dysfunction (ED) treatment on the market in the U.S., is challenging Viagra® (sildenafil citrate)2for share of the ED market as Cialis leads in new treatment initiations by urologists3 and switches from other products for April. Cialis is marketed by Lilly ICOS LLC, a joint venture between Eli Lilly and Company (NYSE: LLY) and ICOS Corporation (Nasdaq: ICOS). Cialis is the only ED treatment shown to improve erectile function up to 36 hours in most men.

Country	Status	Approved Date	Notes
United States	FDA Approved	2003	For erectile dysfunction
European Union	EMA Approved	2004	Marketed under "Cialis"
Canada	Health Canada Approval	2003	Prescribed for ED
Australia	TGA Approved	2003	Available via prescription

Cialis can be taken without regard to food. According to market research firm ImpactRx™ (which tracks the habits of a panel of high prescribing physicians and may reflect emerging trends in doctors’ offices today)4, U.S.

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The percentages of new prescriptions written by all doctors for oral ED treatments in April broke out as follows: Cialis, 19 percent; Levitra, 14 percent; and Viagra, 67 percent.9 "The early success of Cialis in the U.S. is similar to the trend we saw when it first became available in other countries. Cialis has claimed market shares of 19 percent to 39 percent across Europe, and even higher in some other markets," said Leonard Blum, vice president of marketing, ICOS Corporation. In the first quarter of 2004, Cialis achieved $108 million in global sales. urologists initiated treatment with Cialis in April at a rate of more than two-to-one over each of the other oral ED treatments. In fact, Cialis represented 56 percent of new treatment initiations by urologists in April, compared to 21 percent for Levitra (vardenafil HCl)5 and 23 percent for Viagra.6 Based on data from IMS, another source of market information, in April, Cialis represented 30 percent of new ED treatment prescriptions written by urologists, compared to 16 percent for Levitra and 54 percent for Viagra.7 In April, nearly two thirds of all men who switched their oral ED treatment switched to Cialis. Following is information from ImpactRx™ on share of new prescriptions written in April by doctors changing their patients' ED treatment from product to another. In an independent clinical study, more men selected Cialis as their preferred treatment of choice after trying different oral ED medications, primarily because of how long the drug worked.8 This may explain why many men with ED who are on oral treatment are switching to Cialis.

Side Effect	Frequency	Severity	Notes
Headache	Common	Mild	Usually resolves quickly
Dyspepsia ( indigestion)	Common	Mild	Gastrointestinal discomfort
Back Pain	Less common	Moderate	Usually temporary
Muscle Pain	Less common	Mild	May occur during treatment
Flushing	Common	Mild	Skin reddening effect

The percentages of new prescriptions written by all doctors for oral ED treatments in April broke out as follows: Cialis, 19 percent; Levitra, 14 percent; and Viagra, 67 percent.9 "The early success of Cialis in the U.S. is similar to the trend we saw when it first became available in other countries. Cialis has claimed market shares of 19 percent to 39 percent across Europe, and even higher in some other markets," said Leonard Blum, vice president of marketing, ICOS Corporation. In the first quarter of 2004, Cialis achieved $108 million in global sales.

I M P R E S S U M