D2002-0363 (domain name confusingly similar
to DELL trademark.) and Pfizer Inc. v. Order Viagra Online, WIPO
Case No. D2002-0366 (domain name sufficient similar
to the VIAGRA mark).
...Firstly, "Levitra"
is an invented word by Complainant. Secondly, Respondent’s reference to Viagra
in the correspondence implies that he was aware that Levitra was a trademark
used in connection with a drug to treat sexual dysfunction.
...
2003-06-13 - Case Details
D2002-0793 (Finding <viagra-nascar.com> confusingly similar to Complainant’s VIAGRA mark); Hoffman-La Roche Inc. v. #1 Viagra Propecia Xenical & More Online Pharmacy,
WIPO Case No. ...Martin Marketing, supra; Hoffmann-La Roche Inc. v. #1 Viagra Propecia Xenical & More Online Pharmacy, supra; Yahoo, Inc. v. M & A Enterprises,
WIPO Case No. D2000-0748. ...
2012-04-13 - Case Details
It appears that for a brief period after the Domain Name was registered on September 9, 2007, it was pointed to a website at which the drugs Viagra and Cialis were marketed. But in the absence of any response, the Panel is not prepared to find that that particular use was bona fide. ...Immediately after the Domain Name was registered, it resolved to a website at which the drugs Viagra and Cialis were being marketed. The website was clearly commercial in nature, and had no connection with Volvo motor vehicles or other products whatsoever. ...
2007-12-04 - Case Details
D2002-0793 (Finding <viagra-nascar.com> confusingly similar to Complainant’s VIAGRA mark); Hoffman-La Roche Inc. v. #1 Viagra Propecia Xenical & More Online Pharmacy,
WIPO Case No. ...Martin Marketing, supra; Hoffmann-La Roche Inc. v. #1 Viagra Propecia Xenical & More Online Pharmacy, supra; Yahoo, Inc. v. M & A Enterprise,
WIPO Case No. D2000-0748. ...
2012-04-13 - Case Details
The distinctive component of the disputed Domain Name is the Complainant's registered trademark, VIAGRA, the other elements of the disputed Domain Name do not add anything distinctive to that other than, possibly, to differentiate the website from (at least) 122 other “Viagra” websites. The essential component, the memorable part, is the term VIAGRA.
Accordingly, the Panel finds that the disputed Domain Name is confusingly similar to the Complainant's registered trademark rights.”
...
2010-02-15 - Case Details
On the home page of the website of the disputed domain name the logos of VIAGRA and LEVITRA provide links to pages within the same website enabling the user to purchase these brands of pharmaceuticals.
...Further, the Respondent’s website advertises the products of Complainant’s competitors (VIAGRA and LEVITRA). The Complainant states that the Respondent was never authorized to use the CIALIS trademark.
...
2006-06-16 - Case Details
Under the “Buy Ambien Online” header and a section of introductory text, the website of the Domain Name also provides a header “Resources”, which lists “Cialis Online”, “Buy Cialis”, “Viagra”, “Cheap Viagra” and “Buy Valium” with related links, which direct users to other websites for these pharmaceutical products.
5. ...The website under the Domain Name also has a header “Resources”, which lists “Cialis Online”, “Buy Cialis”, “Viagra”, “Cheap Viagra” and “Buy Valium” with related links for sale of these pharmaceutical products, which direct users to other websites for these products. ...
2010-01-28 - Case Details
Moreover, as set forth more fully below, given the widespread publicity and fame of the PFIZER mark and given Respondent’s repeated references to PFIZER brand products (e.g., Pfizer’s well-known VIAGRA product) on Respondent’s web site, it is indisputable that the Respondent had knowledge of Complainant’s famous PFIZER mark prior to the registration of the disputed domain name.
...These include links to online pharmacies which offer products that directly compete with Pfizer’s products, such as the link denoted “VIAGRA,” which leads to links on Respondent’s web site for online pharmacies that sell products that compete directly with Pfizer’s well-known VIAGRA product, such as CIALIS and LEVITRA.
...
2007-03-06 - Case Details
Young Wook Kim,
WIPO Case No. D2001-1142; Hoffmann-La Roche Inc. v. #1 Viagra Propecia Xenical & More Online Pharmacy,
WIPO Case No. D2003-0793; F. Hoffmann-La Roche AG v. Softech Ltd., DNS Administrator (gold),
WIPO Case No. ...The Panel finds that, in view of the combination of the trademarks XENICAL, ACOMPLIA and REDUCTIL in the Domain Name, users might believe that there is an affiliation between and among the three marks and the drugs they identify, even though they are all owned by different companies. As stated in Hoffmann-La Roche Inc. v. #1 Viagra Propecia Xenical & More Online Pharmacy, supra, in relation to the domain name <viagra-propecia-xenical.com>, “This is likely to lead to confusion about the source or origin of the products offered on Respondent’s site. ...
2010-12-22 - Case Details
See to this effect, inter alia, Pfizer, Inc. v. Martin Marketing,
WIPO Case No. D2002-0793; (<viagra-nascar.com>) and Hofmann-La Roche Inc. v. #1 Viagra Propecia Xenical & More Online Pharmacy,
WIPO Case No. D2003-0793 (<viagra-propecia-xenical.com>); see also WhatsApp Inc. v. Private Whois whatsappandroid.com, Private Whois whatsappipad.com and Private Whois whatsappiphone.com,
WIPO Case No. ...
2017-02-06 - Case Details
The website associated with the Domain Name appears to be an online pharmacy calling itself "Lilly Pharmaceuticals", that advertises and purports to sell so-called "generic" and other versions of the Complainant's Cialis product, as well as "generic" versions of Viagra and Levitra brand products and other competing pharmaceutical products for treatment of sexual dysfunction.
5. ...With respect to the issue of bad faith, the Complainant further argues that the Respondent's allegedly "generic" versions of its Cialis product and competing products like Viagra and Levitra are illegal and counterfeit drugs, as there are no approved generic versions of these products, and that the offering of such illegal and counterfeit products is dangerous to the public health. ...
2015-04-22 - Case Details
D2004-0589 stating that: “Furthermore, the printout of the relevant pages of Respondent's website ‘generic-viagra-online.com' shows that Respondent has been using the Domain Name to promote and sell, for commercial gain, sildenafil citrate pharmaceutical products as ‘generic Viagra', which directly compete with Complainant's genuine Viagra. ...
2009-03-03 - Case Details
The advertisement contains a hyperlink to a page of a website at “www.getdrugs.co.uk” which purports to offer for sale Accutane with free Viagra pills. A sidebar of this page contains links advertising Viagra, Cialis, Levitra, Tamiflu and other pharmaceuticals.
...No product is directly offered on the page to which the Domain Name resolves, but the advertisement for ACCUTANE on that page is linked to a page where ACCUTANE is sold in conjunction with Viagra and various other pharmaceuticals are also promoted or offered.
Furthermore, the web page at the Domain Name does not accurately disclose the Respondent's relationship (or lack thereof) with the Complainant, but rather implies misleadingly (in particular, by the copyright notice) that it is a web page of the Complainant's group.
...
2010-05-25 - Case Details
The Respondent therefore relies on the decision in Hoffmann-La Roche Inc. v. Viagra Propecia Xenical & More Online Pharmacy,
WIPO Case No. D2003-0793 to argue that it is evident that the Respondent is not making a legitimate non- commercial or fair use of the disputed Domain Name.
5.6 With reference to registration and use in bad faith, the Complainant submits that the Respondent registered the disputed Domain Name in bad faith since the Respondent, no doubt, had knowledge of the Complainant's well - known product and trademark TAMIFLU. ...The Panel also finds support from the decision cited by the Complainant in the case of F. Hoffmann - La Roche Inc v. Viagra Propecia Xenical & More Online Pharmacy Supra to hold that it is manifestly obvious that the Respondent is not making a legitimate non-commercial or fair use of the disputed Domain Name in so far as the disputed Domain Name directs to a webpage offering pharmaceutical products of the Complainant and the Complainant's competitors for sale.
6.8 The Panel therefore finds that the Complainant has satisfied the requirement that the Respondent has no rights or legitimate interests in the disputed Domain Name in accordance with paragraph 4(a)(ii) of the Policy.
...
2010-01-26 - Case Details
It points out that the disputed domain name consists of the Complainant’s trademark, with the addition of the descriptive word “free” and of the trademark VIAGRA, which is owned by one of its competitors. According to the Complainant, these additions are insufficient to avoid confusing similarity.
...The disputed domain name incorporates the entirety of the Complainant’s trademark, with two additions: the word “free” and the word “viagra”. As already ruled by numerous WIPO UDRP Panels, the mere addition of generic or descriptive words is insufficient in itself to avoid a finding of confusing similarity (see Nintendo of America Inc. v. ...
2012-01-18 - Case Details
D2004-0794
(December 20, 2004) (determining that the respondent’s addition of the
words “apcalis” or “Viagra” to the disputed domain names
and did not eliminate the
confusing similarity); Lilly ICOS LLC v. ...Upon attracting Internet consumers to its web site, Respondent advertised and
attempted to sell many pharmaceutical products, including products that compete
with the CIALIS brand product (e.g., Levitra and Viagra). However, the
use of a domain name containing a trademark to offer competing goods is not
a bona fide offering of goods. ...
2006-01-23 - Case Details
D2004-0589 that "Furthermore, the printout of the relevant pages of Respondent's website "generic-viagra-online.com" shows that Respondent has been using the Domain Name to promote and sell, for commercial gain, sildenafil citrate pharmaceutical products as "generic Viagra", which directly compete with Complainant's genuine Viagra … This is further evidence of Respondent's bad faith registration and use of the Domain Name under paragraph 4 (c) (iii) of the Policy"...
2017-03-15 - Case Details
Such action constitutes bad faith registration and use of the disputed domain name: "Furthermore, the printout of the relevant pages of Respondent’s website “generic-viagra-online.com” shows that Respondent has been using the Domain Name to promote and sell, for commercial gain, sildenafil citrate pharmaceutical products as “generic Viagra”, which directly compete with Complainant’s genuine Viagra. ...
2013-06-20 - Case Details
The Complainant relies upon the decision in Hoffman-La Roche AG. v. Viagra Propecia Xenical & More Online Pharmacy,
WIPO Case No. D2003-0793 (<viagra-propecia-xenical.com>) to argue that it is evident that the Respondent is not making a legitimate noncommercial or fair use of the disputed domain name. ...To order TAMIFLU, one has to click on a link which resolves to the following URL ‘www.pillen-apotheke.org' and to another website offering for sale on line other products, such as VIAGRA.
Furthermore, there is no evidence that the Respondent has any connection of affiliation with the Complainant, and the latter asserts it has not consented to the Respondent's use of the trademark in the disputed domain name.
...
2010-03-03 - Case Details
The website states:
“CIALX is a popular and much cheaper NATURAL alternative to other ED drugs like Cialis, Viagra and Levitra…If we compare CIALX with other ED drugs like Cialis, it shows comparative efficacy. When compared to drugs like Viagra and Levitra, CIALX offers an extended advantage of working up to 36 hours!”
...All Rights Reserved” and “CIALX is a Licensed Online Pharmacy… Cialis, Viagra and Levitra is [sic] the registered brand name of Eli Lilly Ic. [sic] Pfizer Inc and Bayer Corp respectively. ...
2011-01-18 - Case Details