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23, 2009) (determining that the respondent�s selling of counterfeit products creates the likelihood of confusion as to the complainant�s affiliation with the disputed domain name and allows the respondent to profit from that confusion). Thus, the Panel finds that Respondents have registered and are using the domains in bad faith per Policy � 4(b)(iv). Next, Complainant argues that the Respondents� use of their domains is potentially harmful to the health of many unsuspecting consumers who may purchase unlawfully sold pharmaceutical products promoted through Respondents� resolving websites.
- Understand that online pharmacies may require age verification.
- Consult local laws about importing Cialis from Canada.
- Ensure your internet connection is secure when ordering.
- Review the pharmacy’s privacy and data protection policies.
- Confirm if the pharmacy provides detailed medication instructions.
- Know the proper procedures if you experience side effects.
The Panel agrees that Respondents have registered and are using the domains in bad faith pursuant to Policy � 4(a)(iii).� See Eli Lilly and Company v.
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v. Fergus Knox, FA 1627751 (Forum Aug. 19, 2015) (finding no bona fide offering of goods or legitimate noncommercial or fair use existed where Respondent used the resolving website to sell products branded with Complainant�s MERRELL mark, and were either counterfeit products or legitimate products of Complainant being resold without authorization). Therefore, the Panel finds that the Respondents are not using the domain names in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use under Policy � 4(c)(i) and Policy � 4(c)(iii). The Panel finds Complainant has satisfied Policy � 4(a)(ii).
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The discussion in this section does not apply to the domain names registered to Dr. Joo. Complainant contends that Respondents� use of the domains to promote counterfeit products that compete with Complainant�s business is disruptive. A respondent�s use of a domain to sell counterfeit products that are directly competitive with a complainant�s business constitutes bad faith registration and use. See H-D U.S.A., LLC v. Ryma Nynyore / Domain Directors Pty.
| Product | Dosage | Quantity + Bonus | Price | |
|---|---|---|---|---|
| Cialis Generic | 5mg | 120 + 6 Pills | 132.92€ 126.59€ | |
| Cialis Generic | 2.5mg | 90 + 6 Pills | 112.43€ 107.08€ | |
| Cialis Professional | 20mg | 180 + 4 Pills | 423.11€ 402.96€ | |
| Cialis Original | 20mg | 4 Pills | 41.99€ 39.99€ | |
| Cialis Generic | 2.5mg | 270 + 10 Pills | 199.64€ 190.13€ | |
| Cialis Super Active | 20mg | 180 + 20 Pills | 521.59€ 496.75€ | |
| Cialis Generic | 60mg | 120 + 8 Pills | 240.18€ 228.74€ | |
| Cialis Original | 20mg | 14 + 2 Pills | 95.75€ 91.19€ | |
| Cialis Black | 80mg | 60 + 4 Pills | 150.98€ 143.79€ | |
| Cialis Generic | 40mg | 270 + 10 Pills | 382.19€ 363.99€ | |
| Cialis Generic | 10mg | 90 + 6 Pills | 146.17€ 139.21€ | |
| Cialis Original | 20mg | 34 + 2 Pills | 183.99€ 175.23€ | |
| Cialis Soft Tabs | 20mg | 20 + 2 Pills | 66.98€ 63.79€ | |
| Cialis Super Active | 20mg | 120 + 16 Pills | 382.15€ 363.95€ | |
| Cialis Super Active | 20mg | 20 + 4 Pills | 92.35€ 87.95€ |
29, 2011) (�The obvious danger of consumers being afforded inaccurate, incomplete, or misleading� contact information about medical products and the probable diversion of actual sales reinforces the Respondent�s bad faith.�).
- Prepare your prescription before placing an order.
- Ensure proper storage instructions for Cialis at home.
- Check the pharmacy’s international shipping policies.
- Look for secure encryption on the website for transactions.
- Be cautious of sites that don’t provide contact info.
- Review legal age restrictions for purchasing Cialis online.
Finally, based on its well-known CIALIS trademark, Complainant argues Respondents must have registered the domains with actual knowledge of Complainant�s mark and its rights therein.� The Panel finds that due to the notoriety of Complainant�s mark, Respondents most certainly had actual knowledge of the mark and Complainant�s rights.
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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 cost cialis everyday 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).
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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. See Wolverine World Wide, Inc. Thus, the Panel holds that Respondents registered and use the domains in bad faith.
| Aspect | Details | Notes |
|---|---|---|
| Legality in US | Illegal without prescription | Risks involved |
| Legality in Canada | Legal to purchase with prescription | For personal use |
| Age Restrictions | Must be 18+ or 19+ depending on region | Age verification required |
| Import Regulations | Personal imports acceptable under certain limits | Check local customs |
| Prescription Requirement | Required for purchasing online | Valid prescription needed |
Inc.
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Linchunming / linchunming, FA1411001589214 (Forum Dec. 22, 2014) (�As mentioned above, Respondent uses the domain name to promote counterfeit goods like those offered by Complainant.� Doing so disrupts Complainant�s business and demonstrates Respondent�s bad faith under Policy � 4(b)(iii).�). For this reason, the Panel finds that Respondents have engaged in bad faith registration and use per Policy � 4(b)(iii). Complainant argues that Respondents� use of the domains to sell competing products constitutes bad faith registration and use. A respondent engages in bad faith where it uses a domain to sell counterfeit products that discount cialis online no prescription are directly competitive with a complainant�s business. v.
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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
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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 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).
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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). 17, 2006) (finding bad faith where the respondent was �well-aware� of the complainant�s YAHOO!
- Ensure that the Canadian pharmacy requires a valid prescription.
- Look for pharmacies with positive customer feedback.
- Confirm if they ship to your country and shipping costs.
- Check for pharmacy certifications and associations.
- Review medication authenticity guarantees.
- Be cautious of overly fast shipping claims.
The Panel finds Complainant has satisfied Policy � 4(a)(iii).
| Tip | Explanation | Benefit |
|---|---|---|
| Verify certifications | Only buy from certified pharmacies | Ensures product quality |
| Read reviews | Check customer feedback on pharmacy | Avoid scams |
| Use secure payment methods | Payments with encryption (credit card, e-wallet) | Protect personal data |
| Confirm shipping policies | Understand shipping time, cost, and tracking | Avoid delays or unexpected charges |
Click Here to return to the main Domain Decisions Page.
- Explore telemedicine options for obtaining Cialis prescriptions.
- Verify if the pharmacy accepts your preferred payment method.
- Confirm if online consultation is included in the purchase process.
- Study the pharmacy’s policies on medication side effects.
- Ensure their shipping method maintains medication stability.
- Look into the pharmacy’s return process for incorrect orders.
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