Aston, FA 593977 (Nat. Forum Dec.
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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. 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. 28, 2005) (“Respondent is appropriating Complainant’s mark to divert Complainant’s customers to Respondent’s competing business. The Panel finds this diversion is evidence of bad faith registration and use pursuant to Policy ¶ 4(b)(iii).”).
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See Hanna-Barbera Prods., Inc. v. 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. 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). 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. 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). Similarly, the Respondent here is alleged to make offerings of counterfeit products. The Panel finds that the offer of counterfeit and competing products constitutes bad faith attraction for commercial gain under Policy ¶ 4(b)(iv). See MathForum.com, LLC v. Weiguang Huang, D2000-0743 (WIPO Aug. 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). 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. Panels have held that constructive knowledge is not enough evidence of bad faith. See Custom Modular Direct LLC v. Custom Modular Homes Inc., FA 1140580 (Nat. 8, 2008) ("There is no place for constructive notice under the Policy."). However the Panel agrees with Complainant regarding Respondent's actual knowledge, and concludes that Respondent registered the disputed domain names in bad faith according to Policy ¶ 4(a)(iii). See Immigration Equality v.
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Gerberg, FA 780200 (Nat. Forum Sept. 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. Brent, FA 1103571 (Nat. Forum Jan. 11, 2008) ("That Respondent proceeded to register a domain name identical to, and with prior knowledge of Complainant's mark is sufficient to prove bad faith registration and use under Policy ¶ 4(a)(iii)."). Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
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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). 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. Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page Skip the store brands and sink your teeth into some delicious, homemade applesauce featuring the star ingredient – juicy, fresh apples. It may take years for apple trees to grow, but it takes only minutes to make my homemade applesauce.
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30, 2007) (concluding that the sale of 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. 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). You’re going to fall in love with this saucy, little fruit. You’ll find all of these recipes and many more by downloading my FREE app Eat Healthy Homemade Meals in Minutes. 3 pounds apples (Fuji, pink ladies, golden delicious – whatever is fresh!) Peel and chop apples into about 1-inch cubes. Place apples, cinnamon, and water into large pot; bring to boil. Reduce heat to simmer and cover with lid. Simmer apples for about 20 – 30 minutes or until soft.
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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). Forum Dec. 7, 2006) (finding that the respondent failed to establish rights and legitimate interests in the
