Decisión del Panel Administrativo nº D2015-1436 of WIPO Arbitration and Mediation Center, September 30, 2015 (case Eli Lilly and Company v. Fabian Dusen / Fabian Duser / Fabin Duser / Ali Adiyaman)

• Resolution Date: September 30, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Eli Lilly and Company v. Fabian Dusen / Fabian Duser / Fabin Duser / Ali Adiyaman

Case No. D2015-1436

1. The Parties

The Complainant is Eli Lilly and Company of Indianapolis, Indiana, United States of America (“United States”), represented by Faegre Baker Daniels LLP, United States.

The Respondent is Fabian Dusen / Fabian Duser / Fabin Duser / Ali Adiyaman of Dusseldorf, Germany.

2. The Domain Names and Registrars

The disputed domain names [cialisbilgi.com], [cialis-satis.com], [cialis-siparis.co], [cialis-siparis.com], [cialistablet.info], [cialis.uno], [cialis20.info], [cialis20mg.info] and [sahtecialis.com] are registered with GoDaddy.com, LLC. The disputed domain name [cialis.biz] is registered with Wild West Domains, LLC. The disputed domain name [cialis.so] is registered with 1API GmbH (collectively referred to as the “Registrars”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 14, 2015. On August 14, 2015, the Center transmitted by email to the Registrars a request for registrar verification in connection with the disputed domain names (hereafter the “Domain Names”). On August 17, 2015, GoDaddy.com, LLC and Wild West Domains, LLC transmitted by email to the Center their verification responses disclosing registrant and contact information for the disputed domain names which differed from the named Respondent and contact information in the Complaint. On August 18, 2015, 1API GmbH 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 sent an email communication to the Complainant on August 19, 2015 providing the registrant and contact information disclosed by the Registrars, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on August 21, 2015.

The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 24, 2015. In accordance with the Rules, paragraph 5, the due date for Response was September 13, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 14, 2015.

The Center appointed Nicholas Smith as the sole panelist in this matter on September 22, 2015. 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.

4. Factual Background

The Complainant is a pharmaceutical company that produces a treatment for erectile disfunction that is commonly identified as Cialis. The Complainant commenced the sale of the Cialis product on January 22, 2003. In 2004 value of the sales of the Cialis product were more than USD 206 million, which as of 2014, had increased to USD 2.291 billion.

The Complainant has held trade marks for the word mark CIALIS (the “CIALIS Mark”) since 1999, when the Complainant’s predecessor in interest filed for the registration of the CIALIS Mark in the United States. It currently holds registrations for the CIALIS Mark in 125 countries. The Complaiant and its predecessor in interest have held the [cialis.com] domain name since August 10, 1999 and have used the [cialis.com] domain name to resolve to a website since June 2001.

The Domain Name [cialis.biz] was created on January 22, 2010.

The Domain Name [cialis-satis.com]...