URS DEFAULT DETERMINATION

Eli Lilly and Company v. Li Hui
Claim Number: FA1610001698878

DOMAIN NAME

<cialis.ren>

PARTIES

	Complainant: Eli Lilly and Company of Indianapolis, IN, United States of America
	Complainant Representative: Faegre Baker Daniels, LLP Stephanie A. Gumm of Indianapolis, IN, USA

	Respondent: Li Hui Li Hui of Beijing, Beijing, II, CN

REGISTRIES and REGISTRARS

	Registries: Beijing Qianxiang Wangjing Technology Development Co., Ltd.
	Registrars: Alibaba Cloud Computing Ltd. d/b/a HiChina (www.net.cn)

EXAMINER

	The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
	Darryl C. Wilson, as Examiner

PROCEDURAL HISTORY

	Complainant Submitted: October 19, 2016
	Commencement: October 20, 2016
	Default Date: November 4, 2016
	Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

STANDARD OF REVIEW

Clear and convincing evidence.

FINDINGS and DISCUSSION

	Procedural Findings:
		Multiple Complainants: N.A.
		Multiple Respondents: N.A.

Findings of Fact: Complainant has obtained at least 190 registrations for the CIALIS trademark covering 132 countries dating back to as early as 1999. As a result, Complainant's rights in the CIALIS mark predate Respondent's registration date of October 13, 2016 for <cialis.ren> (the “Domain”). Complainant has both senior and exclusive rights in the CIALIS mark.

Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.

[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar to a word mark:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant

The Domain consists of the CIALIS mark and the generic top-level domain (“TLD”) <.ren>. Because every domain name requires a TLD, whether it is a gTLD or a ccTLD, such TLDs should be disregarded when doing an analysis. As a result, the relevant portion of the disputed domain is only the CIALIS mark. As a result, the Domain is confusingly similar to Complainant’s CIALIS mark.

[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant

Complainant’s CIALIS trademark, as well as other branding elements for its CIALIS brand product, appears prominently on the website without Complainant’s permission. By using the mark CIALIS in the Domain, the Respondent lures consumers in search of Complainant’s CIALIS brand product to a website which advertises and sells counterfeit pharmaceutical products. Respondent is not authorized to use Complainant's mark nor is Respondent commonly known by the domain name. Rights or legitimate interests cannot be created where the user of the domain at issue would not choose such a name unless he was seeking to create an impression of association with the Complainant.

[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant

It is apparent from the website associated with the Domain that Respondent is attempting to capitalize on the valuable reputation and goodwill of the CIALIS mark to direct Internet users to an illegal online pharmacy for commercial gain. Registrant selected a domain that incorporates the Complainant’s wellknown CIALIS mark in its entirety, without authorization, and is using the Domain in furtherance of criminal conduct. For all of these reasons, Respondent’s use of the Domain constitutes use and registration in bad faith.

FINDING OF ABUSE or MATERIAL FALSEHOOD

The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:

The Complaint was neither abusive nor contained material falsehoods.

Complainant provided evidence to support its proof of all the required elements. Respondent did not provide an answer in this proceeding.

DETERMINATION

After reviewing the parties’ submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for the duration of the registration:

cialis.ren

Darryl C. Wilson
Examiner
Dated: November 10, 2016

Click Here to return to the main Domain Decisions Page.

Click Here to return to our Home Page