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15, 2006), the panel concluded that “the respondent’s use of a disputed

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Forum June 7, 2004) (finding the respondent’s domain name confusingly similar to Complainant’s AMEX mark because the “mere addition of a generic or descriptive word to a registered mark does not negate” a finding of confusing similarity under Policy ¶ 4(a)(i)). The domains also incorporate gTLD suffixes such as “.com”, “.net”, or “.org.” Panels have agreed that such additions are required in domain name registrations and are therefore irrelevant to a Policy ¶ 4(a)(i) analysis. Global LLC v. Resort Realty, FA 1043061 (Nat. Forum Sept.

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6, 2007) (“Furthermore, the addition of the generic top-level domain ‘.com’ does nothing to eliminate the confusing similarity, as a top-level domain is a requirement for all domain names.”); see also Katadyn N. Am. v. Black Mountain Stores, FA 520677 (Nat. Forum Sept. domain name to operate a website promoting an illegal food supplement cialis

online canada no prescription was not a bona fide offering of goods or services under Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use under

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See Finter Bank Zurich v. Shumin Peng, D2006-0432 (WIPO June 12, 2006) (deciding that the proceeding should be in English, stating, “It is important that the language finally decided by the Panel for the proceeding is not prejudicial to either one of the parties in his or her ability to articulate the arguments for the case.”). Pursuant to UDRP Rule 11(a), the Panel finds that persuasive uncontested evidence has been adduced by Complainant to establish that the Respondent is conversant and proficient in the English language. After considering the circumstance of the present case, the Panel decides that the proceeding should be in English. The CIALIS mark is used by Complainant and registered with the USPTO (e.g., Reg.

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Under Policy ¶ 4(a)(i), panels have agreed in determining a complainant’s rights that a USPTO registration is sufficient. Forum Feb. 16, 2007) (finding that super cialis a USPTO trademark registration adequately demonstrates a complainant’s rights in a mark under Policy ¶ 4(a)(i)). Complainant argues that Respondent’s disputed domain names are confusingly similar to Complainant’s CIALIS mark as they each incorporate the mark fully and merely add generic or descriptive terms such as: “discount”, “prices”, “online”, “generic”, “buy”, “cheap”, “pills”, and “order”, among others. Panels have agreed the addition of generic or descriptive terms are to a complainant’s unaltered mark does not negate a finding of confusing similarity. Policy ¶ 4(c)(iii).” Absent the alleged illegality of Respondent’s products, such products also

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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 the same domain name holder.” In support of its argument, Complainant contends that all of the disputed domain names use the same online pharmacy template, and the Canadianpharmac24h.com logo on all of the sites hosted on the Domain Names resolves to the same URL . Complainant also states that all of the disputed domain names are comprised of the CIALIS mark in full. Complainant alleges that many of the Domain Names were registered on the same or within consecutive dates across the registrars, and argues that this is additional evidence that the domain names were registered and are in the control of a common entity. All of the domains registered in 2015 at Nanjing and Vautron were registered on January 16th. On May 16, 2014, domains were registered at both Nanjing and Todaynic.

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On July 17, 2014, domains were registered at both Nanjing and Vautron. On August 8, 2014, domains were registered at both Todaynic and Nanjing. From May 2014 until mid-October 2014, when the Respondent started to use Nanjing and Vautron registrars more frequently, the majority of the Domain Names were registered with Todaynic.com. In arguing for consolidation of Respondents, Complainant relies on Jonathan Matkowsky’s signed affidavit, provided in Complainant’s exhibits. Pursuant to Matkowsky’s Affidavit, Matkowsky is CEO of Maccabim.com Ltd, a corporation which provides cybercrime solutions to protect brand and intellectual property assets, and the disputed domain names are under the control of a criminal network under common control of a rogue online pharmacy network that uses false contact information to register domains, including compromised identities of innocent third persons. compete with Complainant or be counterfeit products of Complainant’s, which is evidence that

Respondent is not making bona fide offering of goods or services or noncommercial or fair use of the domain names under Policy ¶ 4(c)(i) and (iii).

Forum Nov. 30, 2007) (concluding that the sale of counterfeit products is evidence that the respondent does not make a bona fide

• Cialis 20mg is designed to improve erectile response in men with ED.
• The medication can be taken with or without food for convenience.
• Cialis 20mg should be stored in a cool, dry place away from children.
• It is not a sexual stimulant; arousal is still required for effectiveness.
• Cialis 20mg is sometimes prescribed for pulmonary arterial hypertension under different dosing.
• Regular use does not lead to addiction but should follow doctor advice.

offering of goods or services or a legitimate noncommercial or fair use of a disputed domain name); see also Alcon, Inc.

• The prescribing information includes data on effects on cardiac parameters.
• Tadalafil 20mg leads to small, transient decreases in supine blood pressure.
• It does not affect cardiac output and has no direct effect on myocardial contractility.
• Exercise tolerance was not adversely affected in patients with stable coronary artery disease.
• However, sexual activity itself increases cardiac risk, a crucial patient counseling point.
• Patients should not use Cialis if sexual activity is inadvisable due to their cardiovascular status.
• The medication is not indicated for use by women.
• Limited data exists on tadalafil use in pregnant women, and it is not recommended.
• It is not known if tadalafil is excreted in human milk; caution is advised.
• Safety and effectiveness in pediatric patients have not been established.

v.

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7, 2006) (finding that the respondent failed to establish rights and legitimate interests in the domain name as the respondent was not authorized to register domain names featuring the complainant’s mark and failed to submit evidence that it is commonly known by the domain name). Complainant asserts that Respondent is not making use of the disputed domain names for any bona fide offering of goods or services or for any legitimate noncommercial or fair use. Instead, all pages resolve to the template, promoting and allegedly selling “CIALIS JELLY”, along with other pharmaceutical products which have not been approved by the FDA, demonstrating unlawful sale. In Nycomed Danmark ApS v. Diaz, D2006-0779 (WIPO Aug. ARanked, FA 1306493 (Nat.

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This allegation is supported by email correspondence received by the Forum on May 15, 2015, May 19, 2015, May 20, 2015, May 22, 2015, May 26, 2015, May 29, 2015, June 2, 2015, June 3, 2015, and June 5, 2015, from various named registrants of the disputed domain names who denied having registered the domain names. The Panel finds that Complainant has sufficiently presented evidence demonstrating that the disputed domain names are controlled by the same holder using multiple aliases. Complainant requests that the language of this administrative proceeding be in English pursuant to UDRP Rule 11(a). Complainant makes this request in light of the Chinese language Registration Agreement which may be present through registrar Nanjing Imperiosus Technology Co. Ltd.

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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. Factors which the Panel has considered include: WHOIS information which establishes Respondent in a country which would evince a familiarity with the English language, filing of a trademark registration with an entity which evinces an understanding of the English language, and any evidence (or lack thereof) evincing Respondent’s understanding of the English language included in the Registration Agreement. 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). The Panel has also considered the relative time and expense in enforcing the Chinese language agreement, which may result in prejudice toward Complainant. 18, 2010) (“The Panel finds that capitalizing on the well-known marks of Complainant

• Cialis 20mg is subject to controlled substance regulations in some countries, requiring special prescriptions.
• It is not a controlled substance under the U.S. Controlled Substances Act.
• Illicit online pharmacies often sell counterfeit or substandard products.
• Counterfeit pills may contain incorrect doses, no active ingredient, or harmful contaminants.
• Patients should verify online pharmacy legitimacy through VIPPS or similar accreditation.
• Eli Lilly actively works with authorities to combat counterfeit drug distribution.
• The medication's stability is ensured by the manufacturer's specified storage conditions.
• Do not use if the packaging is tampered with or the expiration date has passed.
• The expiration date is typically 2-3 years from the date of manufacture.
• Proper storage prevents degradation of the active ingredient.

by attracting internet users to its disputed domain names where Respondent sells competing products

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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. 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.

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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. 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. 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).”).

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7, 2005) (“[T]he addition of the generic top-level domain (gTLD) “.net” is irrelevant for purposes of determining whether a domain name is identical to a mark.”); see also Sea World, Inc. v. JMXTRADE.com, FA 872052 (Nat. Forum Feb. 12, 2007) (“[Since] [t]he top-level gTLD is merely a functional element required of every domain name, the domain name is identical to the SHAMU mark under a Policy ¶ 4(a)(i).”).

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Therefore, the Panel finds that the disputed domain names are confusingly similar to Complainant’s mark under Policy ¶ 4(a)(i). Complainant must first make a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii), and then the burden shifts to Respondent to show it does have rights or legitimate interests. See Hanna-Barbera Prods., Inc. v. Entm’t Commentaries, FA 741828 (Nat.