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In this proceeding, Complainant has alleged the entities which control the domain names at issue are effectively controlled by the same person and/or entity, which is operating under several aliases.� Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the �Rules�) provides that a �complaint may relate to more than one domain name, provided that the domain names are registered by cialis without prescription in england the same domain name holder.� Complainant has set forth the following information in support of its argument that all of the domain names at issue in this proceeding are under common control: According to LegitScript, a company providing assistance with this proceeding, the Domain Names have been identified as under control of single criminal enterprise.� The active websites associated with the Domain Names are part of the PharmEmpire network that advertises and sells generic versions of Complainant�s CIALIS brand product.� Further, all of the websites associated with the Domain Names use the same template on the landing pages and redirect customers to trustedpharmacy24.com once a product is selected.� �Additionally, all of the websites associated with roman cialis price the Domain Names use the dedicated payment portal secure-bill.net to collect payment information from users. In each case, the Domain Names were registered using the contact information for a US-based medical practitioner or practice and it is likely that the Domain Names have been registered without the knowledge or consent of the individuals named in the Whois records. Moreover, the Domain Names were registered at both Nanjing Imperious Technology, Co. Ltd., and Vautron Rechenzentrum AG using the same identities on the same dates.� For example, on May 2, 2016, Domain Names were registered at both registrars using the names Marian Garcia, Evan Swanson, Bridgette Latimer, and Alison Stocks.� Other commonalities include, of course, that the Domain Names contain the CIALIS trademark and all of the Domain Names were registered in 2015 and 2016. (citations to the record omitted).� Based on the foregoing uncontradicted evidence in the record, the Panel concludes the Complainant has established that the all of the domain names described in this proceeding are under common control within the meaning of Paragraph 3(c).� One exception concerns Respondent Dr.
| Store Type | Average Price (CAD) | Price Range | Notes |
|---|---|---|---|
| Pharmacies | $15 - $30 per pill | $45 - $150 for a 30-day supply | Price varies by pharmacy and location |
| Online Vendors | $10 - $25 per pill | $30 - $125 for 30 pills | Ensure legitimate sources |
| Discount Programs | Possible discounts with insurance or bulk purchase | Depends on plan and quantity | May reduce overall costs |
Adam Joo, which is discussed below. Preliminary Issue B: Consent to Transfer / Identity Theft One of the many Respondents, Dr. Adam Joo, has submitted a formal Response stating he has not registered or authorized registration of the
FREQUENTLY ASKED QUESTIONS (FAQs):
See Wolverine World Wide, Inc. v. Fergus Knox, FA 1627751 (Forum Aug. 19, 2015) (finding no bona fide offering of goods or legitimate noncommercial or fair use existed where Respondent used the resolving website to sell products branded with Complainant�s MERRELL mark, and were either counterfeit products or legitimate products of Complainant being resold without authorization). Therefore, the Panel finds that the Respondents are not using the domain names in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use under Policy � 4(c)(i) and Policy � 4(c)(iii).
Use in Specific Populations
The Panel finds Complainant has satisfied Policy � 4(a)(ii). The discussion in this section does not apply to the domain names registered to Dr. Joo. Complainant contends that Respondents� use of the domains to promote counterfeit products that compete with Complainant�s business is disruptive. A respondent�s use of a domain to sell counterfeit products that are directly competitive with a complainant�s business constitutes bad faith registration and use.
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See H-D U.S.A., LLC v. Linchunming / linchunming, FA1411001589214 (Forum Dec. 22, 2014) (�As mentioned above, Respondent uses the domain name to promote counterfeit goods like those offered by Complainant.� Doing so disrupts Complainant�s business and demonstrates Respondent�s bad faith under Policy � 4(b)(iii).�). Ltd. and Vautron Rechenzentrum AG placed holds on Respondent Joo�s accounts and therefore he cannot transfer these domain names while this proceeding is still pending.� Accordingly, because Respondent Joo has not contested the transfer of the three domain names but instead agrees to transfer the domain names in question to Complainant, the Panel chooses to forego the traditional UDRP analysis and order an immediate transfer of the
| Product | Dosage | Quantity + Bonus | Price | |
|---|---|---|---|---|
| Cialis Generic | 2.5mg | 120 + 6 Pills | 128.93€ 122.79€ | |
| Cialis Generic | 20mg | 30 + 4 Pills | 68.05€ 64.81€ | |
| Cialis Generic | 2.5mg | 10 Pills | 28.51€ 27.15€ | |
| Cialis Generic | 40mg | 180 + 10 Pills | 277.29€ 264.09€ | |
| Cialis Generic | 2.5mg | 20 Pills | 40.73€ 38.79€ | |
| Cialis Original | 20mg | 64 + 4 Pills | 274.18€ 261.12€ | |
| Cialis Original | 20mg | 120 + 8 Pills | 497.29€ 473.61€ | |
| Cialis Professional | 20mg | 20 Pills | 78.33€ 74.60€ | |
| Cialis Generic | 40mg | 120 + 8 Pills | 206.98€ 197.12€ | |
| Cialis Generic | 20mg | 90 + 6 Pills | 154.71€ 147.34€ |
v. Morales, FA 475191 (Forum June 24, 2005) (�[U]nder such circumstances, where Respondent has agreed to comply with Complainant�s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.�). Preliminary Issue C: Language of the Proceedings Complainant requests that the language of this administrative proceeding proceed in the English language pursuant to UDRP Rule 11(a).� Complainant makes this request in light of the Chinese language Registration Agreements.� It is established practice to take UDRP Rules 10(b) and (c) into consideration for the purpose of determining the language of the proceeding to ensure fairness and justice to both parties. Complainant argues that the domain names at issue resolve to hosted websites in English and all of the domain names were registered incorporating the Complainant�s CIALIS mark and English words such as �buy,� �cheap� and �generic.� �Pursuant to UDRP Rule 11(a), the Panel finds that persuasive evidence has been produced by Complainant to show that is most probable that the Respondents are conversant and proficient in the English language. �Accordingly, the Panel holds that the proceeding should be in English.� See The Argento Wine Company Limited v. Argento Beijing Trading Company, D2009-0610 (WIPO July 1, 2009) (panel exercising discretion in deciding that the language of the proceedings advance in English, contrary to the Registration Agreement, based on evidence that respondent has command of the language).� Complainant has registered the CIALIS trademark with the United States Patent and Trademark Office (�USPTO�) (Reg.
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The trademark registrations with the USPTO demonstrate Complainant�s rights in its mark for the purposes of Policy � 4(a)(i).
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In this proceeding, Complainant has alleged the entities which control the domain names at issue are effectively controlled by the same person and/or entity, which is operating under several aliases.� Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the �Rules�) provides that a �complaint may relate to more than one domain name, provided that the domain names are registered by cialis without prescription in england the same domain name holder.� Complainant has set forth the following information in support of its argument that all of the domain names at issue in this proceeding are under common control: According to LegitScript, a company providing assistance with this proceeding, the Domain Names have been identified as under control of single criminal enterprise.� The active websites associated with the Domain Names are part of the PharmEmpire network that advertises and sells generic versions of Complainant�s CIALIS brand product.� Further, all of the websites associated with the Domain Names use the same template on the landing pages and redirect customers to trustedpharmacy24.com once a product is selected.� �Additionally, all of the websites associated with roman cialis price the Domain Names use the dedicated payment portal secure-bill.net to collect payment information from users. In each case, the Domain Names were registered using the contact information for a US-based medical practitioner or practice and it is likely that the Domain Names have been registered without the knowledge or consent of the individuals named in the Whois records. Moreover, the Domain Names were registered at both Nanjing Imperious Technology, Co. Ltd., and Vautron Rechenzentrum AG using the same identities on the same dates.� For example, on May 2, 2016, Domain Names were registered at both registrars using the names Marian Garcia, Evan Swanson, Bridgette Latimer, and Alison Stocks.� Other commonalities include, of course, that the Domain Names contain the CIALIS trademark and all of the Domain Names were registered in 2015 and 2016. (citations to the record omitted).� Based on the foregoing uncontradicted evidence in the record, the Panel concludes the Complainant has established that the all of the domain names described in this proceeding are under common control within the meaning of Paragraph 3(c).� One exception concerns Respondent Dr.
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Adam Joo, which is discussed below. Preliminary Issue B: Consent to Transfer / Identity Theft One of the many Respondents, Dr. Adam Joo, has submitted a formal Response stating he has not registered or authorized registration of the
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and Vautron Rechenzentrum AG placed holds on Respondent Joo�s accounts and therefore he cannot transfer these domain names while this proceeding is still pending.� Accordingly, because Respondent Joo has not contested the transfer of the three domain names but instead agrees to transfer the domain names in question to Complainant, the Panel chooses to forego the traditional UDRP analysis and order an immediate transfer of the
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v. Alviera, FA 914943 (Forum Mar. 27, 2007) (finding that the addition of geograhic terms, such as �cancun� to the end of the CHEAPTICKETS mark in the
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v. Alviera, (concluding that the affixation of a gTLD to a domain name is irrelevant to a Policy � 4(a)(i) analysis). For these reasons, the Panel finds that Respondents� domain names are confusingly similar to Complainant�s mark pursuant to Policy � 4(a)(i). The Panel finds Complainant has satisfied Policy � 4(a)(i). Complainant contends the Respondents are not commonly known by the domain names identified herein.� �Further, Complainant argues that none of the Respondents have a license or authorization to use Complainant�s mark.
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The �WHOIS information provided by Complainant supports this assertion.� Moreover, no Respondent has come forward asserting it is commonly known by the domain names set forth herein.� As such, the Panel finds there is nothing in the record to establish that the Respondents are commonly known by the domain names pursuant to Policy � 4(c)(ii). See Tercent Inc. v. Lee Yi, FA 139720 (Forum Feb. 10, 2003) (stating �nothing in [the respondent�s] WHOIS information implies that [the respondent] is �commonly known by� the disputed domain name� as one factor in determining that Policy � 4(c)(ii) does not apply).� Further, Complainant has shown that all of the active websites associated with the domain names resolve to the same online pharmacy, which promotes and allegedly sells �generic� versions of CIALIS brand product, not approved by the FDA. Bonds, FA 873143 (Forum Feb.
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16, 2007) (finding that a USPTO trademark registration adequately demonstrates a complainant�s rights in a mark under Policy � 4(a)(i)). Accordingly, the Panel finds that Complainant has demonstrated its rights in the CIALIS mark pursuant to Policy � 4(a)(i). Complainant argues that all of the domain names identified in this proceeding are confusingly similar to the CIALIS mark through the incorporation of the mark fully, and with the addition of generic/descriptive words like �buy,� �cheap,� and �generic,� geographic terms �Canada� or �Canadian,� along with gTLDs �.com,� �.org,� or �.net.� Neither the addition of generic, descriptive nor geographic terms serve to adequately distinguish a respondent�s domain from a mark in which a complainant has rights. Express Co. v. MustNeed.com, FA 257901 (Forum June 7, 2004) (finding the respondent�s
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Alviera, FA 914943 (Forum Mar.
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27, 2007) (finding that the addition of geograhic terms, such as �cancun� to the end of the CHEAPTICKETS mark in the
| Parameter | Details | Measurement | Notes |
|---|---|---|---|
| Absorption Rate | Typically occurs within | 30-120 mins | Onset varies person to person |
| Peak Plasma Levels | When maximum concentration is reached | 2 hours | Optimal effectiveness time |
| Half-life | Duration it takes for blood concentration to reduce by half | 17.5 hours | Allows once-daily dosing |
| Excretion | Mainly via feces and urine | - | Long duration drug |
For these reasons, the Panel finds that Respondents� domain names are confusingly similar to Complainant�s mark pursuant to Policy � 4(a)(i).
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The Panel finds Complainant has satisfied Policy � 4(a)(i). Complainant contends the Respondents are not commonly known by the domain names identified herein.� �Further, Complainant argues that none of the Respondents have a license or authorization to use Complainant�s mark. The �WHOIS information provided by Complainant supports this assertion.� Moreover, no Respondent has come forward asserting it is commonly known by the domain names set forth herein.� As such, the Panel finds there is nothing in the record to establish that the Respondents are commonly known by the domain names pursuant to Policy � 4(c)(ii). See Tercent Inc. v. Lee Yi, FA 139720 (Forum Feb. 10, 2003) (stating �nothing in [the respondent�s] WHOIS information implies that [the respondent] is �commonly known by� the disputed domain name� as one factor in determining that Policy � 4(c)(ii) does not apply).� Further, Complainant has shown that all of the active websites associated with the domain names resolve to the same online pharmacy, which promotes and allegedly sells �generic� versions of CIALIS brand product, not approved by the FDA. See Wolverine World Wide, Inc. v. Fergus Knox, FA 1627751 (Forum Aug. 19, 2015) (finding no bona fide offering of goods or legitimate noncommercial or fair use existed where Respondent used the resolving website to sell products branded with Complainant�s MERRELL mark, and were either counterfeit products or legitimate products of Complainant being resold without authorization).
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Morales, FA 475191 (Forum June 24, 2005) (�[U]nder such circumstances, where Respondent has agreed to comply with Complainant�s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.�). Preliminary Issue C: Language of the Proceedings Complainant requests that the language of this administrative proceeding proceed in the English language pursuant to UDRP Rule 11(a).� Complainant makes this request in light of the Chinese language Registration Agreements.� It is established practice to take UDRP Rules 10(b) and (c) into consideration for the purpose of determining the language of the proceeding to ensure fairness and justice to both parties. Complainant argues that the domain names at issue resolve to hosted websites in English and all of the domain names were registered incorporating the Complainant�s CIALIS mark and English words such as �buy,� �cheap� and �generic.� �Pursuant to UDRP Rule 11(a), the Panel finds that persuasive evidence has been produced by Complainant to show that is most probable that the Respondents are conversant and proficient in the English language. �Accordingly, the Panel holds that the proceeding should be in English.� See The Argento Wine Company Limited v. Argento Beijing Trading Company, D2009-0610 (WIPO July 1, 2009) (panel exercising discretion in deciding that the language of the proceedings advance in English, contrary to the Registration Agreement, based on evidence that respondent has command of the language).� Complainant has registered the CIALIS trademark with the United States Patent and Trademark Office (�USPTO�) (Reg.
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The trademark registrations with the USPTO demonstrate Complainant�s rights in its mark for the purposes of Policy � 4(a)(i). Co. v. Bonds, FA 873143 (Forum Feb. 16, 2007) (finding that a USPTO trademark registration adequately demonstrates a complainant�s rights in a mark under Policy � 4(a)(i)).
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Accordingly, the Panel finds that Complainant has demonstrated its rights in the CIALIS mark pursuant to Policy � 4(a)(i). Complainant argues that all of the domain names identified in this proceeding are confusingly similar to the CIALIS mark through the incorporation of the mark fully, and with the addition of generic/descriptive words like �buy,� �cheap,� and �generic,� geographic terms �Canada� or �Canadian,� along with gTLDs �.com,� �.org,� or �.net.� Neither the addition of generic, descriptive nor geographic terms serve to adequately distinguish a respondent�s domain from a mark in which a complainant has rights. Express Co. v. MustNeed.com, FA 257901 (Forum June 7, 2004) (finding the respondent�s
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The discussion in this section does not apply to the domain names registered to Dr. Joo. Complainant contends that Respondents� use of the domains to promote counterfeit products that compete with Complainant�s business is disruptive.
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A respondent�s use of a domain to sell counterfeit products that are directly competitive with a complainant�s business constitutes bad faith registration and use. See H-D U.S.A., LLC v. Linchunming / linchunming, FA1411001589214 (Forum Dec. 22, 2014) (�As mentioned above, Respondent uses the domain name to promote counterfeit goods like those offered by Complainant.� Doing so disrupts Complainant�s business and demonstrates Respondent�s bad faith under Policy � 4(b)(iii).�).
