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. v.

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

Aston, FA 593977 (Nat.

Aspect	Cialis 20mg Lilly	Viagra 100mg	Levitra 20mg
Active Ingredient	Tadalafil	Sildenafil	Vardenafil
Onset of Action	30-60 minutes	30-60 minutes	30-60 minutes
Duration of Effect	Up to 36 hours	4-6 hours	Up to 12 hours
Food Interaction	Less affected by food	Affected by high-fat meals	Less affected by food
Side Effects	Headache, back pain, flushing	Headache, nasal congestion	Dizziness, muscle aches

Forum Dec.

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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). 28, 2005) (“Respondent is appropriating Complainant’s mark to divert Complainant’s customers to Respondent’s competing business.

Product	Dosage	Quantity + Bonus	Price
Cialis Generic	60mg	60 + 4 Pills	145.06€ 138.15€
Cialis Black	80mg	90 + 6 Pills	207.88€ 197.98€
Cialis Generic	10mg	60 + 6 Pills	105.81€ 100.77€
Cialis Generic	5mg	30 + 4 Pills	53.56€ 51.01€
Cialis Soft Tabs	20mg	180 + 8 Pills	353.17€ 336.35€
Cialis Black	80mg	10 Pills	43.27€ 41.21€
Cialis Soft Tabs	20mg	10 Pills	39.03€ 37.17€
Cialis Generic	20mg	90 + 6 Pills	154.71€ 147.34€
Cialis Black	80mg	120 + 8 Pills	264.77€ 252.16€
Cialis Professional	40mg	10 Pills	65.09€ 61.99€
Cialis Generic	20mg	360 + 10 Pills	427.34€ 406.99€

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).

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The Panel has also considered the relative time and expense in enforcing the Chinese language agreement, which may result in prejudice toward Complainant. See Finter Bank Zurich v. Shumin Peng, D2006-0432 (WIPO June 12, 2006) (deciding that the proceeding should be in English, stating, “It is important that the language finally decided by the Panel for the proceeding is not prejudicial to either one of the parties in his or her ability to articulate the arguments for the case.”). Pursuant to UDRP Rule 11(a), the Panel finds that persuasive uncontested evidence has been adduced by Complainant to establish that the Respondent is conversant and proficient in the English language. After considering the circumstance of the present case, the Panel decides that the proceeding should be in English.

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The CIALIS mark is used by Complainant and registered with the USPTO (e.g., Reg. Under Policy ¶ 4(a)(i), panels have agreed in determining a complainant’s rights that a USPTO registration is sufficient. Forum Feb. 16, 2007) (finding that a USPTO trademark registration adequately demonstrates a complainant’s rights in a mark under Policy ¶ 4(a)(i)). Complainant argues that Respondent’s disputed domain names are confusingly similar to Complainant’s CIALIS mark as they each incorporate the mark fully and merely add generic or descriptive terms such as: “discount”, “prices”, “online”, “generic”, “buy”, “cheap”, “pills”, and “order”, among others. 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.

Aspect	Recommendation	Notes
Dosage	Take 20mg as needed, at least 30 minutes before activity	Max once per day
Food Intake	Can be taken with or without food	High-fat meals may delay effect
Alcohol Consumption	Limited intake recommended	Excessive alcohol may reduce effectiveness
Contraindications	Do not use with nitrates	Risk of severe hypotension
Missed Dose	Not applicable; take as needed	If missed, wait until next dose, do not double

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).

Cialis 20mg is subject to controlled substance regulations in some countries, requiring special prescriptions.
It is not a controlled substance under the U.S. Controlled Substances Act.
Illicit online pharmacies often sell counterfeit or substandard products.
Counterfeit pills may contain incorrect doses, no active ingredient, or harmful contaminants.
Patients should verify online pharmacy legitimacy through VIPPS or similar accreditation.
Eli Lilly actively works with authorities to combat counterfeit drug distribution.
The medication's stability is ensured by the manufacturer's specified storage conditions.
Do not use if the packaging is tampered with or the expiration date has passed.
The expiration date is typically 2-3 years from the date of manufacture.
Proper storage prevents degradation of the active ingredient.

Similarly, the Respondent here is alleged to make offerings of counterfeit products.

Cialis 20mg by Lilly is known for its long-lasting effects compared to other ED meds.
It begins to work within 30-60 minutes after ingestion.
Patients with liver or kidney issues should consult a doctor before use.
Cialis 20mg can be taken once per day as prescribed by a healthcare provider.
Use caution with alcohol as it can increase the risk of side effects.
Cialis 20mg may cause vision changes in rare cases; seek medical help if observed.

The Panel finds that the offer of counterfeit and competing products constitutes bad faith attraction for commercial gain under Policy ¶ 4(b)(iv).

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Forum Sept. 7, 2005) (“[T]he addition of the generic top-level domain (gTLD) “.net” is irrelevant for purposes of determining whether a domain name is identical to a mark.”); see also Sea World, Inc. v. JMXTRADE.com, FA 872052 (Nat. Forum Feb.

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12, 2007) (“[Since] [t]he top-level gTLD is merely a functional element required of every domain name, the domain name is identical to the SHAMU mark under a Policy ¶ 4(a)(i).”). Therefore, the Panel finds that the disputed domain names are confusingly similar to Complainant’s mark under Policy ¶ 4(a)(i). Complainant must first make a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii), and then the burden shifts to Respondent to show it does have rights or legitimate interests. See Hanna-Barbera Prods., Inc. v. See MathForum.com, LLC v.

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Panels have agreed the addition of generic or descriptive terms are to a complainant’s unaltered mark does not negate a finding of confusing similarity. Forum June 7, 2004) (finding the respondent’s domain name confusingly similar to Complainant’s AMEX mark because the “mere addition of a generic or descriptive word to a registered mark does not negate” a finding of confusing similarity under Policy ¶ 4(a)(i)). The domains also incorporate gTLD suffixes such as “.com”, “.net”, or “.org.” Panels have agreed that such additions are required in domain name registrations and are therefore irrelevant to a Policy ¶ 4(a)(i) analysis. Global LLC v. Resort Realty, FA 1043061 (Nat.

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Forum Sept. 6, 2007) (“Furthermore, the addition of the generic top-level domain ‘.com’ does nothing to eliminate the confusing similarity, as a top-level domain is a requirement for all domain names.”); see also Katadyn N. Am. v. Black Mountain Stores, FA 520677 (Nat. Weiguang Huang, D2000-0743 (WIPO Aug.

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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. 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).

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Entm’t Commentaries, FA 741828 (Nat. Forum Aug. 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.

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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). 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.

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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.

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Diaz, D2006-0779 (WIPO Aug. 15, 2006), the panel concluded that “the respondent’s use of a disputed domain name cialis 20mg tadalafil lilly 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 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 cialis wholesale prices 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. Panels have held that constructive knowledge is not enough evidence of bad faith.