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Adam Joo has informed the Forum he consents to the transfer of the
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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. The trademark registrations with the USPTO demonstrate Complainant�s rights in its mark for the purposes of Policy � 4(a)(i).
Medication Quality Concerns
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)). Accordingly, the Panel finds that Complainant has demonstrated its rights in the CIALIS mark pursuant to Policy � 4(a)(i). 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. 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
| Product | Dosage | Quantity + Bonus | Price | |
|---|---|---|---|---|
| Cialis Generic | 20mg | 60 + 6 Pills | 117.76€ 112.15€ | |
| Cialis Generic | 10mg | 180 + 8 Pills | 236.88€ 225.60€ | |
| Cialis Generic | 10mg | 120 + 6 Pills | 178.49€ 169.99€ | |
| Cialis Black | 80mg | 90 + 6 Pills | 207.88€ 197.98€ | |
| Cialis Original | 20mg | 14 + 2 Pills | 95.75€ 91.19€ | |
| Cialis Generic | 10mg | 360 + 10 Pills | 388.49€ 369.99€ | |
| Cialis Black | 80mg | 270 + 10 Pills | 502.88€ 478.93€ | |
| Cialis Professional | 40mg | 20 Pills | 110.24€ 104.99€ | |
| Cialis Generic | 10mg | 90 + 6 Pills | 146.17€ 139.21€ | |
| Cialis Generic | 2.5mg | 360 + 10 Pills | 260.03€ 247.65€ | |
| Cialis Generic | 20mg | 120 + 8 Pills | 188.15€ 179.19€ | |
| Cialis Professional | 20mg | 10 Pills | 48.29€ 45.99€ |
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 cialis 20 mg 8 tablets
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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. 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). 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.
- Understand the legal risks of ordering Cialis from Canada.
- Read the pharmacy’s privacy policy regarding data security.
- Check if the pharmacy offers generic Cialis options.
- Confirm the pharmacy’s licensing and accreditation.
- Review the terms and conditions before purchasing.
- Investigate whether the pharmacy provides consultation services.
The trademark registrations with the USPTO demonstrate Complainant�s rights in its mark for the purposes of Policy � 4(a)(i). Co. v.
- Understand potential legal consequences of buying imported medication.
- Verify that the Cialis meets quality standards.
- Check the availability of customer support 24/7.
- Read about the pharmacy’s experience in shipping medications.
- Confirm the pharmacy’s adherence to health regulations.
- Assess the pharmacy’s refund and dispute resolution process.
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).
- Investigate the differences between brand-name and generic Cialis.
- Confirm the pharmacy’s return policy for defective products.
- Understand dosage instructions for safe use.
- Look for pharmacies with secure checkout processes.
- Check if they provide medication tracking updates.
- Verify if the pharmacy complies with pharmacy laws.
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.
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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
Cialis Strengths
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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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 Role of Online Consultations (And Why They Matter)
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.�). 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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Adam Joo has informed the Forum he consents to the transfer of the
Final Thoughts: Convenience Meets Caution
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. Adam Joo, which is discussed below. ��Furthermore, the affixation of a gTLD is irrelevant to a Policy cialis 20mg lilly � 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).
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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. 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.
| Aspect | Details | Notes |
|---|---|---|
| Return Policy | Usually no returns or refunds after delivery | Confirm before purchase |
| Customer Support Availability | Phone, email, live chat, 24/7 support | Check pharmacy's contact hours |
| Privacy Policy | Data encryption, no sharing with third parties | Ensure confidentiality |
| Dispute Resolution | Refund or replacement policies vary by vendor | Read terms carefully |
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.
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