Complainant alleges that none of these
The Respondent did not submit any response. 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. 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. 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 cialis 2 5 mg 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. factors are applicable in this case.
| Product | Dosage | Quantity + Bonus | Price | |
|---|---|---|---|---|
| Cialis Black | 80mg | 120 + 8 Pills | 264.77€ 252.16€ | |
| Cialis Generic | 40mg | 60 + 6 Pills | 130.98€ 124.74€ | |
| Cialis Super Active | 20mg | 270 + 30 Pills | 661.49€ 629.99€ | |
| Cialis Generic | 20mg | 360 + 10 Pills | 427.34€ 406.99€ | |
| Cialis Original | 20mg | 34 + 2 Pills | 183.99€ 175.23€ | |
| Cialis Super Active | 20mg | 90 + 10 Pills | 314.14€ 299.18€ | |
| Cialis Generic | 40mg | 360 + 10 Pills | 477.87€ 455.11€ | |
| Cialis Super Active | 20mg | 180 + 20 Pills | 521.59€ 496.75€ | |
| Cialis Generic | 5mg | 90 + 6 Pills | 115.91€ 110.39€ | |
| Cialis Black | 80mg | 360 + 20 Pills | 639.78€ 609.31€ | |
| Cialis Generic | 5mg | 20 Pills | 41.99€ 39.99€ | |
| Cialis Black | 80mg | 270 + 10 Pills | 502.88€ 478.93€ | |
| Cialis Soft Tabs | 20mg | 180 + 8 Pills | 353.17€ 336.35€ | |
| Cialis Generic | 5mg | 120 + 6 Pills | 132.92€ 126.59€ | |
| Cialis Professional | 20mg | 60 + 2 Pills | 183.83€ 175.08€ | |
| Cialis Professional | 40mg | 10 Pills | 65.09€ 61.99€ |
Complainant alleges that Respondent registered and is
| Storage Parameter | Details | Recommendations |
|---|---|---|
| Temperature | 15°C to 30°C | Keep away from heat and moisture |
| Light | Keep in original container | Protect from light |
| Humidity | Low humidity | Store in a dry place |
| Shelf Life | 3 years from manufacturing date | Check expiry before use |
using the Domain Name in bad faith.
For further discussion of these and other risks and uncertainties, see Lilly's filings with the United States Securities and Exchange Commission. Lilly undertakes no duty to update forward-looking statements. Impotence and its medical and psychosocial correlates: results of the Massachusetts Male Aging Study. Lower urinary tract symptoms and male sexual dysfunction: the multinational survey of the aging male (MSAM-7). Relationship between lower urinary tract symptoms and erectile dysfunction: results from the Boston Area community Health Survey.
Critical analysis of the relationship between sexual dysfunctions and lower urinary tract symptoms due to benign prostatic hyperplasia. The Complainant is Lilly ICOS LLC, a limited liability company organized under the laws of the State of Delaware, United States of America, represented by Baker & Daniels, United States of America. The Respondent is P F, Box 15, FT Laud, FL 33033, United States of America, of United States of America. The disputed domain name
On March�9,�2007, the Center transmitted by email to eNom a request for registrar verification in connection with the domain name at issue. On March�15,�2007, eNom transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. 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�26,�2007. In accordance with the Rules, paragraph 5(a), the due date for Response was April�15,�2007. Complainant relies in part on
| Parameter | Details | Notes |
|---|---|---|
| Absorption | Rapid, within 30-60 minutes | Food may delay absorption |
| Duration of Action | Up to 36 hours | Variable depending on individual |
| Metabolism | Primarily via CYP3A4 enzyme | Liver metabolism |
| Elimination Half-life | Approximately 17.5 hours | Long half-life allows flexible dosing |
Paragraph 4(b)(iv) of Policy which provides
| Country | Approval Date | Regulatory Body | Registration Number | Notes |
|---|---|---|---|---|
| USA | 2003 | FDA | FDA-123456 | Patent protected till 2024 |
| European Union | 2004 | EMA | EMA-567890 | Marketing authorization granted |
| Canada | 2003 | Health Canada | HC-789012 | Approved for ED and BPH |
| India | 2005 | DCGI | DCGI-345678 | Rapid market access |
that evidence of bad faith
Complainant urges this Panel to find in accord with those prior Panels. Complainant 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. registration and use is shown when
Back pain and muscle aches usually go away within two days. Not studied for multiple attempts per dose.+ In clinical trials, Cialis for use as needed started to work in 30 minutes for some men who took 20 mg of Cialis for use as needed. When taken as needed, Cialis was shown to improve, up to 36 hours after dosing, the ability of men with ED to have a single successful intercourse attempt. Before taking Cialis, tell your healthcare provider about all your medical problems, particularly if you have or ever had: heart problems such as chest pain (angina), heart failure, irregular heartbeats, or have had a heart attack high or low blood pressure or have high blood pressure that is not controlled retinitis pigmentosa, a rare genetic (runs in families) eye disease severe vision loss, including a condition called NAION a deformed penis shape or Peyronie's disease an erection that lasted more than 4 hours blood cell problems such as sickle cell anemia, multiple myeloma, or leukemia Tell your healthcare provider about all the medicines you take especially if you take: medicines called "nitrates" which are often prescribed for chest pain alpha-blockers often prescribed for prostate problems medicines for HIV or some types of oral antifungal medications some types of antibiotics such as clarithromycin, telithromycin, erythromycin (several brand names exist, please contact your healthcare provider to determine if you are taking this medicine) other medicines or treatments for erectile dysfunction (ED) Cialis is also marketed as Adcirca for the treatment of pulmonary arterial hypertension. Do not take sildenafil citrate (Revatio®)* with Cialis.
You are encouraged to report negative side effects of prescription drugs to the FDA. protect a man or his partner from sexually transmitted diseases, including HIV serve as a male form of birth control For additional information, talk to your doctor and see full Patient Information at and Prescribing Information at or visit for more information. * The brand listed is a trademark of its respective owner and is not a trademark of Eli Lilly and Company. The maker of this brand is not affiliated with and does not endorse Eli Lilly and Company or its products. About Eli Lilly and Company Lilly, a leading innovation-driven corporation, is developing a growing portfolio of pharmaceutical products by applying the latest research from its own worldwide laboratories and from collaborations with eminent scientific organizations.
Headquartered in Indianapolis, Ind., Lilly provides answers through medicines and information for some of the world's most urgent medical needs. This press release contains forward-looking statements about the potential of Cialis for the treatment of signs and symptoms of benign prostatic hyperplasia (BPH) and reflects Lilly's current beliefs. However, as with any pharmaceutical product, there are substantial risks and uncertainties in the process of development, commercialization, and regulatory review. There is no guarantee that Cialis will receive additional regulatory approvals. There is also no guarantee that Cialis will continue to be commercially successful. registration of a domain name
occurs in order to utilize another’s
In accordance with the propositions laid down in Oki Data Americas, Inc v. 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. well-known trademark by attracting Internet users
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.). 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
Respondent registered the Domain Name on January�2,�2006. 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. to a website for commercial gain.