Respondents registered and use the domain names in bad faith. First, Respondents have engaged in a pattern of bad faith registration and use through their registration of over 430 domains in the current proceeding. Second, Respondents� use of the domains to promote products that compete with Complainant�s business is disruptive. Third, Respondents� use of the domains to sell competing products constitutes bad faith registration and use pursuant to Policy � 4(b)(iv).
| Retailer Type | Price Range per Tablet | Purchase Options |
|---|---|---|
| Online Pharmacy | $10 - $20 | Single orders, subscriptions |
| Local Clinic | $15 - $25 | Prescription required |
| Discount Retailers | $8 - $15 | Bulk purchase discounts |
| Price Trend (2023) | Slight decrease over year | Market competition influences prices |
Fourth, Respondents� use of the domains is potentially harmful to the health of many unsuspecting consumers who may purchase unlawfully sold pharmaceutical products promoted through Respondents� resolving websites. Finally, based on Complainant�s well-known CIALIS trademark, Respondents must have registered the domains with actual or at least constructive knowledge of Complainant�s mark and its rights therein. There are over 400 domain names at issue in this proceeding and over 100 respondents of which only one has submitted a Response to the Complaint. Respondent Dr. Adam Joo has informed the Forum he consents to the transfer of the
- Canadian pharmacies are subject to regular inspections to ensure compliance with good practices.
- The medication's effect on BPH is independent of its effect on erectile function.
- It may cause a temporary decrease in sperm motility in some studies, but clinical significance is unclear.
- Patients should not use it if they have been advised against sexual activity for health reasons.
- It is compatible with most cholesterol-lowering medications (statins).
- The risk of hearing loss, while rare, is a class effect of PDE5 inhibitors.
- It is not a treatment for an enlarged prostate (BPH) caused by cancer; proper diagnosis is essential.
- Patients with a history of sudden severe dizziness or fainting should use with caution.
- The medication is prescribed based on individual patient factors, not as a one-size-fits-all.
- It is often part of a multimodal approach including pelvic floor exercises for BPH symptoms.
- The tablet's identification markings help pharmacists verify the correct medication and strength.
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. 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
- The daily 5mg regimen may lead to fewer side effects compared to higher on-demand doses.
- It may improve overall sexual satisfaction and relationship dynamics for couples.
- Patients should inform their doctor if they experience an erection lasting more than 4 hours.
- It is not a treatment for female sexual arousal disorder, despite off-label interest.
- The medication may slightly lower blood pressure; monitoring is advised in hypertensive patients.
- Its cost can be a barrier for some patients, leading to non-adherence.
- It is one of the most prescribed urological medications globally.
- Patients should not take it more than once in a 24-hour period.
- The medication does not require activation by sexual stimulation for its BPH benefits.
- It is not a cure for the underlying causes of ED, such as diabetes or vascular disease.
- Proper hydration may help reduce the risk of headache and back pain side effects.
After the initiation of this proceeding, Nanjing Imperiosus Technology Co. Ltd.
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After the initiation of this proceeding, Nanjing Imperiosus Technology Co. 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
Canadian Brand Name
9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Disney Enters., Inc. 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. 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 Professional | 40mg | 60 + 2 Pills | 262.32€ 249.83€ | |
| Cialis Generic | 20mg | 180 + 10 Pills | 254.09€ 241.99€ | |
| Cialis Generic | 5mg | 120 + 6 Pills | 132.92€ 126.59€ | |
| Cialis Soft Tabs | 20mg | 270 + 10 Pills | 471.40€ 448.95€ | |
| Cialis Generic | 40mg | 30 + 4 Pills | 74.97€ 71.40€ | |
| Cialis Generic | 2.5mg | 10 Pills | 28.51€ 27.15€ | |
| Cialis Soft Tabs | 20mg | 20 + 2 Pills | 66.98€ 63.79€ | |
| Cialis Generic | 40mg | 360 + 10 Pills | 477.87€ 455.11€ | |
| Cialis Generic | 40mg | 180 + 10 Pills | 277.29€ 264.09€ | |
| Cialis Generic | 10mg | 180 + 8 Pills | 236.88€ 225.60€ | |
| Cialis Generic | 20mg | 10 Pills | 31.49€ 29.99€ | |
| Cialis Generic | 10mg | 270 + 10 Pills | 308.71€ 294.01€ | |
| Cialis Generic | 20mg | 120 + 8 Pills | 188.15€ 179.19€ | |
| Cialis Original | 20mg | 48 + 4 Pills | 224.69€ 213.99€ | |
| Cialis Generic | 2.5mg | 90 + 6 Pills | 112.43€ 107.08€ |
Modern Ltd. � Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Disney Enters., Inc. 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.
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Respondents registered and use the domain names in bad faith. First, Respondents have engaged in a pattern of bad faith registration and use through their registration of over 430 domains in the current proceeding. Second, Respondents� use of the domains to promote products that compete with Complainant�s business is disruptive. Third, Respondents� use of the domains to sell competing products constitutes bad faith registration and use pursuant to Policy � 4(b)(iv). Fourth, Respondents� use of the domains is potentially harmful to the health of many unsuspecting consumers who may purchase unlawfully sold pharmaceutical products promoted through Respondents� resolving websites.
Key Issues Addressed at the Conference
Finally, based on Complainant�s well-known CIALIS trademark, Respondents must have registered the domains with actual or at least constructive knowledge of Complainant�s mark and its rights therein. There are over 400 domain names at issue in this proceeding and over 100 respondents of which only one has submitted a Response to the Complaint. Respondent Dr. Adam Joo has informed the Forum he consents to the transfer of the
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Adam Joo, registered and use the domain names in bad faith. Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable." Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith. 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 the same domain name holder.� Complainant has set forth the following information weekend cialis 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 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.
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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. 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
Are There Alternative Names for the Brand and Generic Cialis?
�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. The trademark registrations with the USPTO demonstrate Complainant�s rights in its mark for the purposes of Policy � 4(a)(i). Co. v.
Canadian Prescription Drug Regulations
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)). 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. 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)).
Avoiding Common Pitfalls When Ordering Medications Online
v. MustNeed.com, FA 257901 (Forum June 7, 2004) (finding the respondent�s
Medication Quality Concerns
��Furthermore, the affixation of a gTLD is irrelevant to a Policy � 4(a)(i) analysis. See Trip Network Inc. 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). 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.
- Canadian Cialis 5mg is a well-known ED treatment.
- It provides a reliable solution for many men.
- The medication is taken once daily for consistent results.
- Discreet delivery is common from Canadian sources.
- Cialis 5mg is often preferred for its safety profile.
- Men should avoid alcohol for better effectiveness.
- Medical approval ensures the drug’s quality and safety.
- The drug's onset is rapid, within 30-60 minutes.
- Always store Cialis in a cool, dry place.
Express Co. v. MustNeed.com, FA 257901 (Forum June 7, 2004) (finding the respondent�s
| Status in Canada | Details | Notes |
|---|---|---|
| Prescription Required | Yes | Must be prescribed by a licensed medical professional |
| Online Purchase Legality | Allowed from licensed online pharmacies | Verify pharmacy credentials |
| Import Regulations | Personal import permitted under certain conditions | Check Canadian regulations before ordering |
| Age Restrictions | 18+ | Legal age for purchase and use |
��Furthermore, the affixation of a gTLD is irrelevant to a Policy � 4(a)(i) analysis. See Trip Network Inc. 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).
- Canadian Cialis 5mg is an effective treatment option.
- It is available without a prescription in some regions.
- Cialis works by increasing blood flow to the penis.
- Consistent use can improve erectile firmness.
- Canadian online pharmacies provide fast shipping.
- Generic Cialis 5mg is bioequivalent to branded Cialis.
- Patients should avoid combining Cialis with certain medications.
- The medication can be used by men of various age groups.
- Proper hydration enhances the medication’s effectiveness.
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