Daily vs On-Demand Dosing with Generic Cialis

The disputed domain name is registered with Melbourne IT trading as Internet Name Worldwide. The Complaint was filed with the WIPO Arbitration and Mediation Center (the�“Center”) on February 23, 2005. On February 24, 2005, the Center transmitted by email to Melbourne IT trading as Internet Name Worldwide a request for registrar verification in connection with the domain name at issue. On February 25, 2005, Melbourne IT trading as Internet Name Worldwide 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. The Center verified that 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, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March�4,�2005. In accordance with the Rules, paragraph 5(a), the due date for Response was March�24,�2005.

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The disputed domain name is registered with Melbourne IT trading as Internet Name Worldwide. The Complaint was filed with the WIPO Arbitration and Mediation Center (the�“Center”) on February 23, 2005. On February 24, 2005, the Center transmitted by email to Melbourne IT trading as Internet Name Worldwide a request for registrar verification in connection with the domain name at issue. On February 25, 2005, Melbourne IT trading as Internet Name Worldwide 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. The Center verified that 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”).

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In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March�4,�2005. In accordance with the Rules, paragraph 5(a), the due date for Response was March�24,�2005. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April�1,�2005. The Center appointed Beatrice Onica Jarka as the sole panelist in this matter on April�28,�2005.

Cialis for erectile dysfunction (ED)

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 Panel considers that, according to paragraph 11 of the Rules, the language of the proceedings is English. Based on the case file, the Panel has independently verified that the Complaint is in compliance with the Rules and the Policy. Paragraph 2(a) of the Rules provides that it is the provider’s responsibility to employ reasonably available means to achieve actual notice to the Respondent of the dispute. The Respondent did not submit any response.

Accordingly, the Center notified the Respondent’s default on April�1,�2005. The Center appointed Beatrice Onica Jarka as the sole panelist in this matter on April�28,�2005. 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 Panel considers that, according to paragraph 11 of the Rules, the language of the proceedings is English.

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The Panel notes that, the only seemingly correct addresses available in registrar’s Whois web page with regard to the disputed domain name, are the email addresses for the Respondent. All other contact details for the Respondent seem to be incomplete and for this reason the Panel accepts that, in light of the information available to it, the Center has fulfilled the obligation to employ reasonable means to achieve actual notice to the Respondent of the dispute. The Complainant is a joint venture between ICOS Corporation and the Eli Lilly and Company, which owns the trademark CIALIS. The Complainant is the owner of more than eighty-seven (87) registrations of the trademark CIALIS covering 117 countries, and also has filed applications for registration of the CIALIS trademark in twenty-four (24) countries. The CIALIS mark is registered or is pending registration for class 5 of Nice classification: pharmaceutical and medicinal preparations for treatment of sexual dysfunctions, pharmaceutical and medicinal preparation for prevention of sexual dysfunction.

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Complainant has also an Internet presence, through the website accessed from the domain name , which the Complainant uses to advertise and provide information regarding its pharmaceutical products. The domain name was registered by Eli Lilly and Company on August�10,�1999. The Complainant has had media coverage associated with the CIALIS drug for erectile dysfunction since 2001. In August 2003, the Respondent registered the disputed domain name , which resolves, to a website that advertises for sale several forms of “Generic Cialis” pharmaceutical products, the products including cialis super aktiv Apcalis, Forzest, Megalis, Regalis and Tadalis products. The website also includes web pages associated with each of the “Generic Cialis” products.

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The “Buy” button on each of these respective web pages links Respondent’s website to an online pharmacy at “ that sells the “Generic Cialis” products advertised on Respondent’s website. The facts above are drawn from the appendixes to the Complaint. The Panel was unable to access the website operating under the disputed domain name. Also, the website “ to which the website associated to the disputed domain name resolves, does not, according to the searches performed by the Panel, have the content described in the Complaint and presented in the appendixes to the Complaint. Taking in consideration the appendices 11 and 12 to the Complaint, the lack of any reply from the Respondent together with the response default notification sent by the Center, the information in the Whois of the relevant registrar, the Panel has been able to confirm the fact that the Respondent has created a website under the domain name , and a print out of the contents was provided in the said appendices of the Complaint. Based on the case file, the Panel has independently verified that the Complaint is in compliance with the Rules and the Policy. Paragraph 2(a) of the Rules provides that it is the provider’s responsibility to employ reasonably available means to achieve actual notice to the Respondent of the dispute. The Panel notes that, the only seemingly correct addresses available in registrar’s Whois web page with regard to the disputed domain name, are the email addresses for the Respondent. All other contact details for the Respondent seem to be incomplete and for this reason the Panel accepts that, in light of the information available to it, the Center has fulfilled the obligation to employ reasonable means to achieve actual notice to the Respondent of the dispute. The Complainant is a joint venture between ICOS Corporation and the Eli Lilly and Company, which owns the trademark CIALIS. The Complainant is the owner of more than eighty-seven (87) registrations of the trademark CIALIS covering 117 countries, and also has filed applications for registration of the CIALIS trademark in twenty-four (24) countries.

The CIALIS mark is registered or is pending registration for class 5 of Nice classification: pharmaceutical and medicinal preparations for treatment of sexual dysfunctions, pharmaceutical and medicinal preparation for prevention of sexual dysfunction. Complainant has also an Internet presence, through the website accessed from the domain name , which the Complainant uses to advertise and provide information regarding its pharmaceutical products. The domain name was registered by Eli Lilly and Company on August�10,�1999. The Complainant has had media coverage associated with the CIALIS drug for erectile dysfunction since 2001. In August 2003, the Respondent registered the disputed domain name , which resolves, to a website that advertises for sale several forms of “Generic Cialis” pharmaceutical products, the products including cialis super aktiv Apcalis, Forzest, Megalis, Regalis and Tadalis products. The website also includes web pages associated with each of the “Generic Cialis” products. The “Buy” button on each of these respective web pages links Respondent’s website to an online pharmacy at “ that sells the “Generic Cialis” products advertised on Respondent’s website. The facts above are drawn from the appendixes to the Complaint.

Key takeaways

The Panel was unable to access the website operating under the disputed domain name. Also, the website “ to which the website associated to the disputed domain name resolves, does not, according to the searches performed by the Panel, have the content described in the Complaint and presented in the appendixes to the Complaint. Taking in consideration the appendices 11 and 12 to the Complaint, the lack of any reply from the Respondent together with the response default notification sent by the Center, the information in the Whois of the relevant registrar, the Panel has been able to confirm the fact that the Respondent has created a website under the domain name , and a print out of the contents was provided in the said appendices of the Complaint. - the use and registration of the CIALIS mark to identify its pharmaceutical product for erectile dysfunctions pre-dates Respondent’s registration of the disputed Domain Name, - the disputed domain name is confusingly similar with the CIALIS mark, which bears a strong distinctiveness with a high degree of individuality and no common colloquial use, - The Respondent has no rights or legitimate interests in respect of the disputed Domain Name: - The Respondent is compensated for directing traffic from its site “ to the website of an online pharmacy that sells the “Generic Cialis” products advertised on Respondent’s website, - The Respondent is not authorized by Complainant to use the CIALIS trademark, - Respondent is not using the Domain Name in connection with a bona fide offering of goods or services, due to the fact that: it promotes and advertises for sale on its website pharmaceutical products described as generic versions of Complainant’s CIALIS brand product – namely, the Apcalis, Forzest, Megalis, Regalis and Tadalis products, however, the Complainant’s U.S. patent rights in the CIALIS product makes the sale of any “generic” version of Complainant’s pharmaceutical product in the U.S. unlawful for the duration of such rights, the Respondent is using the confusingly similar Domain Name to attract Internet consumers to its website, whereupon Respondent promotes, advertises for sale and facilitates the purchase of unlawful “Generic Cialis” products comprising untested chemical compositions. - The disputed Domain Name was registered and is being used in bad faith, as its registration occurred in order to utilize the Complainant’s well-known trademark by attracting Internet users to a website for commercial gain. A further indication of bad faith is represented by the fact that the Respondent is associating Complainant’s registered CIALIS trademark with its “Generic Cialis” products and also is associating Complainant’s registered trademark consisting of a golden colour, ovoid shaped tablet bearing the letter “C” with its “Generic Cialis” products. In addition, the Respondent’s offering of “generic cialis products” is potentially harmful to the health of many unsuspecting consumers who purchase unlawfully sold pharmaceutical products advertised on Respondent’s website under the mistaken impression that they are dealing with Complainant and, therefore, will be receiving safe and effective drugs approved by the U.S. Food and Drug Administration (“FDA”) or other health authorities around the world. The Respondent did not reply to the Complainant’s contentions. The Complainant’s trademark or service mark rights The Complainant’s rights in the CIALIS mark are undisputable and result both from registration and use of the mark in advertising and selling the CIALIS drug for erectile dysfunction. A series of objective facts support the conclusion reached by the Panel at this point as follows: the Complainant’s rights in CIALIS mark dating from June�17,�1999, when it filed a registration for this mark with the United States Patent and Trademark Office; the registration by Eli Lilly and Company of the domain name on August�10,�1999, the use by the Complainant of this domain name since at least June 2001, as the address of the website on which it advertises and provides information on CIALIS.

What Are the Key Risks and Uncertainties?

Paragraph 4(c) of the Policy provides three non-exclusive circumstances that can demonstrate that the Respondent has rights to or legitimate interests in the disputed Domain Name: (i) before any notice to the Respondent of the dispute, his use 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 he 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 consumers or to tarnish the trademark or service mark at issue.

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Innovation and Next-Generation Therapies

The similarity of the mark CIALIS mark with the disputed domain name The disputed Domain Name entirely incorporates the CIALIS mark with the addition of the descriptive term “generic”.

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An important body of WIPO UDRP decisions conclude that adding the word “generic” alone or in combination with other generic terms to certain famous drug names, to which pharmaceutical companies have trademark rights, and registering the resulted combinations as domain names (see Lilly ICOS LLC v.

• Cialis can be taken with or without food; food doesn't significantly affect absorption.
• Regular use of Cialis may require guidance on dosing frequency from a doctor.
• Generic tadalafil is approved by regulatory agencies for safety and efficacy.
• Store Cialis in a cool, dry place away from direct sunlight and moisture.

Emilia Garcia, WIPO Case No.

• As men age, the prevalence of erectile dysfunction naturally increases.
• It is a common condition, affecting a significant percentage of men over 40.
• Seeking treatment is a proactive step for maintaining sexual health and relationships.
• There is no reason to feel embarrassed about discussing ED with a doctor.
• Healthcare providers are trained to handle these discussions professionally.
• ED can sometimes be an early warning sign of underlying cardiovascular disease.
• Treating ED can therefore have benefits beyond improving sexual function.
• Open communication with a partner can reduce anxiety and improve intimacy.
• A satisfying sex life is an important component of overall quality of life.
• Effective treatments like generic tadalafil make managing ED highly achievable.

D2004-0583) does not exclude the confusing similarity of such domain names to such trademarks.

What Are the Current Market Dynamics for Tadalafil?

For these reasons, the Panel finds that using the word “generic” in the disputed Domain Name is not sufficient to negate the similarity between the Domain Name and the mark CIALIS, and that the disputed Domain Name is confusingly similar to the mark CIALIS.

Frequently Asked Questions

- the use and registration of the CIALIS mark to identify its pharmaceutical product for erectile dysfunctions pre-dates Respondent’s registration of the disputed Domain Name, - the disputed domain name is confusingly similar with the CIALIS mark, which bears a strong distinctiveness with a high degree of individuality and no common colloquial use, - The Respondent has no rights or legitimate interests in respect of the disputed Domain Name: - The Respondent is compensated for directing traffic from its site “ to the website of an online pharmacy that sells the “Generic Cialis” products advertised on Respondent’s website, - The Respondent is not authorized by Complainant to use the CIALIS trademark, - Respondent is not using the Domain Name in connection with a bona fide offering of goods or services, due to the fact that: it promotes and advertises for sale on its website pharmaceutical products described as generic versions of Complainant’s CIALIS brand product – namely, the Apcalis, Forzest, Megalis, Regalis and Tadalis products, however, the Complainant’s U.S. patent rights in the CIALIS product makes the sale of any “generic” version of Complainant’s pharmaceutical product in the U.S. unlawful for the duration of such rights, the Respondent is using the confusingly similar Domain Name to attract Internet consumers to its website, whereupon Respondent promotes, advertises for sale and facilitates the purchase of unlawful “Generic Cialis” products comprising untested chemical compositions. - The disputed Domain Name was registered and is being used in bad faith, as its registration occurred in order to utilize the Complainant’s well-known trademark by attracting Internet users to a website for commercial gain. A further indication of bad faith is represented by the fact that the Respondent is associating Complainant’s registered CIALIS trademark with its “Generic Cialis” products and also is associating Complainant’s registered trademark consisting of a golden colour, ovoid shaped tablet bearing the letter “C” with its “Generic Cialis” products.

Market Size and Growth Rate

In addition, the Respondent’s offering of “generic cialis products” is potentially harmful to the health of many unsuspecting consumers who purchase unlawfully sold pharmaceutical products advertised on Respondent’s website under the mistaken impression that they are dealing with Complainant and, therefore, will be receiving safe and effective drugs approved by the U.S. Food and Drug Administration (“FDA”) or other health authorities around the world. The Respondent did not reply to the Complainant’s contentions. The Complainant’s trademark or service mark rights The Complainant’s rights in the CIALIS mark are undisputable and result both from registration and use of the mark in advertising and selling the CIALIS drug for erectile dysfunction. A series of objective facts support the conclusion reached by the Panel at this point as follows: the Complainant’s rights in CIALIS mark dating from June�17,�1999, when it filed a registration for this mark with the United States Patent and Trademark Office; the registration by Eli Lilly and Company of the domain name on August�10,�1999, the use by the Complainant of this domain name since at least June 2001, as the address of the website on which it advertises and provides information on CIALIS.

Safety and Storage:

The similarity of the mark CIALIS mark with the disputed domain name The disputed Domain Name entirely incorporates the CIALIS mark with the addition of the descriptive term “generic”. An important body of WIPO UDRP decisions conclude that adding the word “generic” alone or in combination with other generic terms to certain famous drug names, to which pharmaceutical companies have trademark rights, and registering the resulted combinations as domain names (see Lilly ICOS LLC v. Emilia Garcia, WIPO Case No. D2004-0583) does not exclude the confusing similarity of such domain names to such trademarks. For these reasons, the Panel finds that using the word “generic” in the disputed Domain Name is not sufficient to negate the similarity between the Domain Name and the mark CIALIS, and that the disputed Domain Name is confusingly similar to the mark CIALIS. Paragraph 4(c) of the Policy provides three non-exclusive circumstances that can demonstrate that the Respondent has rights to or legitimate interests in the disputed Domain Name: (i) before any notice to the Respondent of the dispute, his use 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 he 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 consumers or to tarnish the trademark or service mark at issue.