FA1405001558971 (NAF, June 23, 2014) (�Previous Panels have also found multiple respondents to be commonly controlled where the content of their websites were substantially identical and referred Internet visitors to a common homepage.�) The burden of proof for establishing that the disputed domain names are subject to common control is a preponderance of the evidence. See Seiko Holdings Kabushiki Kaisha v. L. Collins Travis, C. Turner Jose, et al., D2013-0994 (WIPO, Aug.
- Cialis is a popular choice for erectile dysfunction treatment.
- It increases blood flow by relaxing penile muscles.
- Pharmacists can advise on proper dose and timing.
- Cialis is available with a doctor's prescription only.
- Side effects may include nasal congestion.
- Never share your medication with others.
- Check for drug interactions with your other medicines.
- Cialis may cause vision changes in some cases.
- It is important to disclose your health conditions.
- Avoid taking Cialis if you have low blood pressure.
- Some pharmacies offer discreet packaging.
- Health insurance may cover some Cialis costs.
6, 2013) (�In this instance, the Panel finds that the Complainant has established more likely than not that the disputed domain names are subject to common ownership or control��); and Lanc�me Parfums Et Beaut Et Compagnie v. You Ge, Jean Buding, Kang Tianhuan, Zongkaili, Leigeng, D2013-1559 (WIPO, Nov. 20, 2013) (��the Panel infers that on the balance of probabilities, the disputed domain names are all controlled or under the common ownership of the same person or entity��).� Where consolidation will permit multiple domain name disputes arising from a common nucleus of facts and involving common legal issues to be heard and resolved in a single administrative proceeding, the shared interests of the parties are promoted in avoiding unnecessary duplication of time, effort and expense, and generally furthers the fundamental objectives of the Policy. All reasonable allegations and inferences set forth in the complaint may be accepted as true unless the evidence is clearly contradictory.� See Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb.
What is Cialis used for?
The CIALIS mark is used by Complainant and was registered with the United States Patent & 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 and benign prostatic hyperplasia. A complainant may prove its rights under Policy �4(a)(i) by proving a trademark registration with a governmental authority, such as the USPTO.� See Metro. Forum Feb. 16, 2007) (finding that a USPTO trademark registration adequately demonstrates a complainant�s rights in a mark under Policy �4(a)(i)).� Complainant has sufficiently demonstrated its rights in the CIALIS mark under Policy �4(a)(i).
User Reviews
Respondent�s disputed domain names each incorporate the CIALIS mark fully and merely add generic/descriptive/geographic terms, as well cialis 5mg generique as the generic top-level domains (�gTLDs�) �.com,� or �.net.�� Adding generic/descriptive/geographic terms do not adequately differentiate a domain name from a mark under Policy �4(a)(i).� See, e.g., Chanel, Inc. v. Cologne Zone, D2000-1809 (WIPO Feb. 22, 2001) (�CHANEL, the salient feature of the Domain Names, is identical to a mark in which Complainant has shown prior rights.� The addition of the generic term, �perfumes� is not a distinguishing feature, and in this case seems to increase the likelihood of confusion because it is an apt term for Complainant�s business.�); see also Trip Network Inc. v. 29, 2000) (Annex 3, F); and Vertical Solutions Mgmt., Inc.
| Product | Dosage | Quantity + Bonus | Price | |
|---|---|---|---|---|
| Cialis Black | 80mg | 60 + 4 Pills | 150.98€ 143.79€ | |
| Cialis Generic | 10mg | 270 + 10 Pills | 308.71€ 294.01€ | |
| Cialis Generic | 20mg | 360 + 10 Pills | 427.34€ 406.99€ | |
| Cialis Generic | 40mg | 10 Pills | 37.79€ 35.99€ | |
| Cialis Super Active | 20mg | 60 + 8 Pills | 230.32€ 219.35€ | |
| Cialis Original | 20mg | 48 + 4 Pills | 224.69€ 213.99€ | |
| Cialis Generic | 2.5mg | 180 + 10 Pills | 154.86€ 147.49€ | |
| Cialis Black | 80mg | 10 Pills | 43.27€ 41.21€ | |
| Cialis Generic | 2.5mg | 360 + 10 Pills | 260.03€ 247.65€ | |
| Cialis Professional | 20mg | 60 + 2 Pills | 183.83€ 175.08€ |
v. webnet-marketing, inc., FA 95095 (NAF, July 31, 2000).
- Purchase Cialis only from licensed pharmacies.
- Verify the medication’s packaging for authenticity.
- Beware of counterfeit Cialis sold online.
- Store Cialis in a cool, dry place.
- Keep Cialis out of reach of children.
- Do not use Cialis if you have heart issues.
- Discuss your medical history before use.
- Report any adverse reactions to your doctor.
- Cialis is contraindicated with certain medications.
- Do not exceed the prescribed dosage.
- Be aware of possible side effects like dizziness.
- Consult your doctor for proper usage guidance.
According to LegitScript, a company providing assistance with this proceeding, the Domain Names have been identified as under control of a rogue online pharmacy operator that uses false contact information to register domains.� The Domain Names resolve to websites that advertise and sell generic versions of Complainant�s CIALIS brand product and the sites are part of the same networks, �Rx-Partners,� �Pharmcash� and �Pharmatheke�.
Cialis Tablets
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.� 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.� Respondent is not commonly known by the disputed domain names, nor has Complainant given Respondent permission to register the CIALIS mark in any way.� Because Respondent has submitted no additional evidence for the Panel�s consideration, the Panel finds there is no basis for finding Respondent is �commonly known by� the domain names under Policy �4(c)(ii) in light of the available WHOIS information.� See IndyMac Bank F.S.B. [1]� All of the Domain Names are hosted on the same IP address (i.e., 37.187.146.46).� All of the Domain Names that are registered using a name other than Denisov Denis, all link to Denisov Denis via either recent historical WhOIS information or Denisov Denis� email colman662@gmail.com.� Further, each �unique� registrant name uses the email address � ss@ss.ru � at least once in the WHOIS information for each Domain Name.� Other commonalities include, of course, that the Domain Names contain the CIALIS trademark and all of the Domain Names were registered between November 2012 through October 2015.� For all of the foregoing reasons, the Domain Names are likely under common control, notwithstanding that the true identity of the Respondents may be a joint criminal enterprise acting together in concert, rather than a single individual.� Complainant respectfully submits that this satisfies the preponderance of the evidence standard required for consolidation of the Domain Names into a single proceeding.� This Panel generally agrees with Complainant�s claims.� Respondent has done nothing to dispute them.� Complainant has met it burden of proof by a preponderance of the evidence.� The entities which control the disputed domain names are effectively controlled indian cialis generic 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 a �complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.�� All domains are under control of a single rogue online pharmacy operator, which utilizes false contact information to register domains.� All domain names in dispute resolve to websites which advertise and sell generic versions of Complainant�s products.� All domain names in dispute are hosted on the same IP address.� All domain names in dispute are linked in one way or another to �Denisov Denis.� Each �unique� registrant name uses the email address ss@ss.ru.� All disputed domains contain the CIALIS mark in its entirety. Taken in its entirely, this is adequate evidence the listed entities are jointly controlled.� Pursuant to Forum Supplemental Rule 4(c), this Panel also finds all of the domain names are commonly owned.� The named Respondent in this Proceeding shall be Denisov Denis. Complainant requests this administrative proceeding proceed in the English language pursuant to UDRP Rule 11(a).
Recent Clinical Studies on Cialis
FA1405001558971 (NAF, June 23, 2014) (�Previous Panels have also found multiple respondents to be commonly controlled where the content of their websites were substantially identical and referred Internet visitors to a common homepage.�) The burden of proof for establishing that the disputed domain names are subject to common control is a preponderance of the evidence. See Seiko Holdings Kabushiki Kaisha v. L. Collins Travis, C. Turner Jose, et al., D2013-0994 (WIPO, Aug.
Market Demand Trends
6, 2013) (�In this instance, the Panel finds that the Complainant has established more likely than not that the disputed domain names are subject to common ownership or control��); and Lanc�me Parfums Et Beaut Et Compagnie v. You Ge, Jean Buding, Kang Tianhuan, Zongkaili, Leigeng, D2013-1559 (WIPO, Nov. 20, 2013) (��the Panel infers that on the balance of probabilities, the disputed domain names are all controlled or under the common ownership of the same person or entity��).� Where consolidation will permit multiple domain name disputes arising from a common nucleus of facts and involving common legal issues to be heard and resolved in a single administrative proceeding, the shared interests of the parties are promoted in avoiding unnecessary duplication of time, effort and expense, and generally furthers the fundamental objectives of the Policy. All reasonable allegations and inferences set forth in the complaint may be accepted as true unless the evidence is clearly contradictory.� See Talk City, Inc. v. Complainant makes this request even though some of the Registration Agreements are in Russian (most of them are in English). 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 previous panels have seen as particularly compelling are: 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 in the Registration Agreements. 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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Factors which previous panels have seen as particularly compelling are: 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 in the Registration Agreements. 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). In this case, a number of the commonly controlled domain names� websites are in the English language. The Panel shall also cialis canada over the counter weigh the relative time and expense in enforcing the Russian language agreements, which would result in prejudice toward either party.
Feedback from Forums
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 sufficient persuasive evidence has been shown by the Complainant that Respondent is sufficiently conversant in the English language. After considering the circumstance of the present case, the Panel decides the Proceeding should be in English. There is nothing to be gained by either translating the documents into Russian or by having a parallel set of proceedings. In this case, a number of the commonly controlled domain names� websites are in the English language. The Panel shall also cialis canada over the counter weigh the relative time and expense in enforcing the Russian language agreements, which would result in prejudice toward either party. 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 sufficient persuasive evidence has been shown by the Complainant that Respondent is sufficiently conversant in the English language. After considering the circumstance of the present case, the Panel decides the Proceeding should be in English.
- Cialis’s onset is typically within 30 minutes.
- The drug’s effects can last up to 36 hours.
- Do not take more than the prescribed dose.
- Missed doses should not be doubled.
- Consult your doctor if you miss a dose.
- Cialis is not an instant solution; arousal is needed.
- Overuse can increase side effect risk.
- Ensure your doctor is aware of all health conditions.
- Cialis is used worldwide for ED treatment.
- Pharmacists provide guidance on safe use.
- Be mindful of expiration dates.
- Do not use expired medication.
There is nothing to be gained by either translating the documents into Russian or by having a parallel set of proceedings. The CIALIS mark is used by Complainant and was registered with the United States Patent & 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 and benign prostatic hyperplasia. A complainant may prove its rights under Policy �4(a)(i) by proving a trademark registration with a governmental authority, such as the USPTO.� See Metro. Forum Feb.
What Dosages and Forms is Cialis available in?
Robertson, D2000-0009 (WIPO Feb. 29, 2000) (Annex 3, F); and Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (NAF, July 31, 2000). According to LegitScript, a company providing assistance with this proceeding, the Domain Names have been identified as under control of a rogue online pharmacy operator that uses false contact information to register domains.� The Domain Names resolve to websites that advertise and sell generic versions of Complainant�s CIALIS brand product and the sites are part of the same networks, �Rx-Partners,� �Pharmcash� and �Pharmatheke�.
Special Precautions
[1]� All of the Domain Names are hosted on the same IP address (i.e., 37.187.146.46).� All of the Domain Names that are registered using a name other than Denisov Denis, all link to Denisov Denis via either recent historical WhOIS information or Denisov Denis� email colman662@gmail.com.� Further, each �unique� registrant name uses the email address � ss@ss.ru � at least once in the WHOIS information for each Domain Name.� Other commonalities include, of course, that the Domain Names contain the CIALIS trademark and all of the Domain Names were registered between November 2012 through October 2015.� For all of the foregoing reasons, the Domain Names are likely under common control, notwithstanding that the true identity of the Respondents may be a joint criminal enterprise acting together in concert, rather than a single individual.� Complainant respectfully submits that this satisfies the preponderance of the evidence standard required for consolidation of the Domain Names into a single proceeding.� This Panel generally agrees with Complainant�s claims.� Respondent has done nothing to dispute them.� Complainant has met it burden of proof by a preponderance of the evidence.� The entities which control the disputed domain names are effectively controlled indian cialis generic 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 a �complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.�� All domains are under control of a single rogue online pharmacy operator, which utilizes false contact information to register domains.� All domain names in dispute resolve to websites which advertise and sell generic versions of Complainant�s products.� All domain names in dispute are hosted on the same IP address.� All domain names in dispute are linked in one way or another to �Denisov Denis.� Each �unique� registrant name uses the email address ss@ss.ru.� All disputed domains contain the CIALIS mark in its entirety. Taken in its entirely, this is adequate evidence the listed entities are jointly controlled.� Pursuant to Forum Supplemental Rule 4(c), this Panel also finds all of the domain names are commonly owned.� The named Respondent in this Proceeding shall be Denisov Denis. Complainant requests this administrative proceeding proceed in the English language pursuant to UDRP Rule 11(a). Complainant makes this request even though some of the Registration Agreements are in Russian (most of them are in English). 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. 16, 2007) (finding that a USPTO trademark registration adequately demonstrates a complainant�s rights in a mark under Policy �4(a)(i)).� Complainant has sufficiently demonstrated its rights in the CIALIS mark under Policy �4(a)(i). Respondent�s disputed domain names each incorporate the CIALIS mark fully and merely add generic/descriptive/geographic terms, as well cialis 5mg generique as the generic top-level domains (�gTLDs�) �.com,� or �.net.�� Adding generic/descriptive/geographic terms do not adequately differentiate a domain name from a mark under Policy �4(a)(i).� See, e.g., Chanel, Inc. v. Cologne Zone, D2000-1809 (WIPO Feb. 22, 2001) (�CHANEL, the salient feature of the Domain Names, is identical to a mark in which Complainant has shown prior rights.� The addition of the generic term, �perfumes� is not a distinguishing feature, and in this case seems to increase the likelihood of confusion because it is an apt term for Complainant�s business.�); see also Trip Network Inc. v. Alviera, FA 914943 (Nat. 27, 2007) (finding that the addition of geographic terms, such as �cancun� to the end of the CHEAPTICKETS mark in the
Patient Information Newsletter
Alviera, FA 914943 (Nat. 27, 2007) (finding that the addition of geographic terms, such as �cancun� to the end of the CHEAPTICKETS mark in the
Doctor Preferences
Entm�t Commentaries, FA 741828 (Nat. 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. The Panel finds Policy �4(a)(i) satisfied. Complainant must first make a prima facie case Respondent lacks rights and legitimate interests in the disputed domain name under Policy �4(a)(ii).� Then the burden shifts to Respondent to show it has rights or legitimate interests.� See Hanna-Barbera Prods., Inc. v. Entm�t Commentaries, FA 741828 (Nat. 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.
| Condition | Risk | Alternative Options |
|---|---|---|
| Heart disease | Increased cardiovascular risk | Other ED medications |
| Nitrate medication use | Hypotension | Non-pharmacological therapy |
| Recent stroke or heart attack | Stroke recurrence risk | Consultation with doctor |
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.� 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.�).
- Cialis is effective for many men with ED.
- It can be used on an as-needed or daily basis.
- Generic Cialis offers a cheaper alternative.
- Consult your pharmacist for generic options.
- Do not crush or break Cialis tablets.
- It’s not a cure but a treatment option.
- Always take Cialis as directed.
- Avoid grapefruit products while on Cialis.
- Cialis may cause indigestion or upset stomach.
- Keep the medication away from pets.
- Discuss all medications with your healthcare provider.
- Do not use Cialis if contraindicated.
Complainant claims Respondent has no rights or legitimate interests in the disputed domain names.� Respondent is not commonly known by the disputed domain names, nor has Complainant given Respondent permission to register the CIALIS mark in any way.� Because Respondent has submitted no additional evidence for the Panel�s consideration, the Panel finds there is no basis for finding Respondent is �commonly known by� the domain names under Policy �4(c)(ii) in light of the available WHOIS information.� See IndyMac Bank F.S.B.