Volume 29, Issue 4, 2020

Fink (Ret.) as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2.

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Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent. Complainant requests that the domain names be transferred from Respondent to Complainant. The CIALIS mark is used by Complainant and registered with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. 2,724,589, registered June 10, 2003) to identify its rights in a pharmaceutical product intended for the treatment of erectile dysfunction. Respondent’s disputed domain names are confusingly similar to the CIALIS mark as they each incorporate the mark fully and merely incorporate generic or descriptive terms such as: “discount”, “prices”, “online”, “generic”, “buy”, “cheap”, “pills”, and “order”, among others. The domains also incorporate generic top-level domain (“gTLD”) suffixes such as “.com”, “.net”, or “.org.” Respondent has no rights or legitimate interests in the disputed domain names. Respondent is not commonly known by the disputed domain names, nor has it gained any permission from Complainant to use the CIALIS mark in any way. Additionally, 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.

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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)). 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. Instead, all pages resolve to the template, promoting and allegedly selling generic cialis lilly “CIALIS JELLY”, which constitutes unlawful sale of a counterfeit pharmaceutical product which has not been approved by the FDA and is not a product of Complainant’s. As 392 disputed domain names have been registered by Respondent in the present case, such registrations are sufficient evidence of a bad faith pattern of domain name registrations under Policy ¶ 4(b)(ii). As the resolving webpage to all the disputed domain names purport to sell counterfeit/competing products of Complainant, such use constitutes bad faith disruption per Policy ¶ 4(b)(iii). As the CIALIS mark has garnered worldwide recognition in its brand and is a distinctive mark, Respondent is presumably attempting to profit from Internet confusion as to the source, sponsorship, or affiliation between Complainant and Respondent, demonstrating Policy ¶ 4(b)(iv) bad faith. It is inconceivable that Respondent did not have actual or at least constructive knowledge of the CIALIS mark and Complainant’s rights in the mark, showing Policy ¶ 4(a)(iii) bad faith.

Product	Dosage	Quantity + Bonus	Price
Cialis Generic	2.5mg	10 Pills	28.51€ 27.15€	Buy
Cialis Generic	2.5mg	60 + 4 Pills	83.43€ 79.46€	Buy
Cialis Professional	20mg	360 + 6 Pills	807.03€ 768.60€	Buy
Cialis Generic	5mg	20 Pills	41.99€ 39.99€	Buy
Cialis Original	20mg	14 + 2 Pills	95.75€ 91.19€	Buy
Cialis Generic	60mg	20 Pills	65.61€ 62.49€	Buy
Cialis Generic	5mg	120 + 6 Pills	132.92€ 126.59€	Buy
Cialis Super Active	20mg	10 Pills	55.64€ 52.99€	Buy
Cialis Generic	20mg	270 + 10 Pills	335.21€ 319.25€	Buy
Cialis Generic	2.5mg	30 + 4 Pills	51.95€ 49.48€	Buy
Cialis Professional	40mg	10 Pills	65.09€ 61.99€	Buy
Cialis Black	80mg	270 + 10 Pills	502.88€ 478.93€	Buy
Cialis Generic	10mg	30 + 4 Pills	63.32€ 60.30€	Buy
Cialis Generic	2.5mg	90 + 6 Pills	112.43€ 107.08€	Buy
Cialis Original	20mg	64 + 4 Pills	274.18€ 261.12€	Buy
Cialis Generic	20mg	60 + 6 Pills	117.76€ 112.15€	Buy
Cialis Generic	40mg	30 + 4 Pills	74.97€ 71.40€	Buy

Respondent did not submit a Response in this proceeding. For the reasons set forth below, the Panel finds Complainant is entitled to the relief requested. 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 view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules.

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Fink (Ret.) as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent. Complainant requests that the domain names be transferred from Respondent to Complainant. The CIALIS mark is used by Complainant and registered with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg.

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2,724,589, registered June 10, 2003) to identify its rights in a pharmaceutical product intended for the treatment of erectile dysfunction. Respondent’s disputed domain names are confusingly similar to the CIALIS mark as they each incorporate the mark fully and merely incorporate generic or descriptive terms such as: “discount”, “prices”, “online”, “generic”, “buy”, “cheap”, “pills”, and “order”, among others. The domains also incorporate generic top-level domain (“gTLD”) suffixes such as “.com”, “.net”, or “.org.” Respondent has no rights or legitimate interests in the disputed domain names. Respondent is not commonly known by the disputed domain names, nor has it gained any permission from Complainant to use the CIALIS mark in any way. Additionally, 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.

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Instead, all pages resolve to the template, promoting and allegedly selling generic cialis lilly “CIALIS JELLY”, which constitutes unlawful sale of a counterfeit pharmaceutical product which has not been approved by the FDA and is not a product of Complainant’s. As 392 disputed domain names have been registered by Respondent in the present case, such registrations are sufficient evidence of a bad faith pattern of domain name registrations under Policy ¶ 4(b)(ii). As the resolving webpage to all the disputed domain names purport to sell counterfeit/competing products of Complainant, such use constitutes bad faith disruption per Policy ¶ 4(b)(iii). As the CIALIS mark has garnered worldwide recognition in its brand and is a distinctive mark, Respondent is presumably attempting to profit from Internet confusion as to the source, sponsorship, or affiliation between Complainant and Respondent, demonstrating Policy ¶ 4(b)(iv) bad faith. It is inconceivable that Respondent did not have actual or at least constructive knowledge of the CIALIS mark and Complainant’s rights in the mark, showing Policy ¶ 4(a)(iii) bad faith. The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat.

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Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”). Complainant alleges that the domain names at issue are effectively controlled by the same person and/or entity, which is operating under several aliases.

Aspect	Details	Notes
Generic Name	Tadalafil	Main active ingredient
Brand Names	Cialis, Chep Cialis, Tadacip	Variations available
Drug Class	Phosphodiesterase type 5 inhibitor	Used for erectile dysfunction
Typical Dosage	10 mg, 20 mg	Prescribed doses

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 5 mg of cialis 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.

Region	Price Range (USD)	Available Brands	OTC or Prescription
North America	$20 - $50 per pill	Cialis, Chep Cialis, Tadacip	Prescription only
Europe	€15 - €45 per pill	Similar brands	Prescription required
Asia	$5 - $15 per pill	Generic options available	Prescription or OTC in some regions

On May 16, 2014, domains were registered at both Nanjing and Todaynic. 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.

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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. 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 pharmacy cialis uk which may be present through registrar Nanjing Imperiosus Technology Co.

Condition	Risk	Recommendation
Use with Nitrates	Severe hypotension	Avoid use
Severe Liver Impairment	Increased drug levels	Consult healthcare provider
Heart Conditions	Risk of cardiac events	Medical evaluation required
Allergies to Tadalafil	Allergic reactions	Do not use

Ltd. 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.

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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. 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.”).

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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. Under Policy ¶ 4(a)(i), panels have agreed in determining a complainant’s rights that a USPTO registration is sufficient. Forum Feb. 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.

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Respondent did not submit a Response in this proceeding. For the reasons set forth below, the Panel finds Complainant is entitled to the relief requested. 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 view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory.

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See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v.

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Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”). Complainant alleges that 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 5 mg of cialis 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. 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).

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The Panel has also considered the relative time and expense in enforcing the Chinese language agreement, which may result in prejudice toward Complainant. 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. 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 a USPTO trademark registration adequately demonstrates a complainant’s rights in a mark under Policy ¶ 4(a)(i)).

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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. On July 17, 2014, domains were registered at both Nanjing and Vautron. On August 8, 2014, domains were registered at both Todaynic and Nanjing.

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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. 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.

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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 pharmacy cialis uk which may be present through registrar Nanjing Imperiosus Technology Co. Ltd. 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. 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.