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Global LLC v. Resort Realty, FA 1043061 (Nat. Forum Sept.

Alternative Drug	Active Ingredient	Use Case	Pros	Cons
Viagra	Sildenafil	Erectile dysfunction	Fast acting, effective	Shorter duration, more side effects
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6, 2007) (“Furthermore, the addition of the generic top-level domain ‘.com’ does nothing to eliminate the confusing similarity, as a top-level domain is a requirement for all domain names.”); see also Katadyn N. Am. v.

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

Black Mountain Stores, FA 520677 (Nat. Forum Sept. 7, 2005) (“[T]he addition of the generic top-level domain (gTLD) “.net” is irrelevant for purposes of determining whether a domain name is identical to a mark.”); see also Sea World, Inc.

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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 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. v.

Product	Dosage	Quantity + Bonus	Price
Cialis Professional	40mg	10 Pills	65.09€ 61.99€	Buy
Cialis Original	20mg	48 + 4 Pills	224.69€ 213.99€	Buy
Cialis Professional	40mg	120 + 4 Pills	436.68€ 415.89€	Buy
Cialis Generic	20mg	10 Pills	31.49€ 29.99€	Buy
Cialis Generic	5mg	120 + 6 Pills	132.92€ 126.59€	Buy
Cialis Soft Tabs	20mg	270 + 10 Pills	471.40€ 448.95€	Buy
Cialis Black	80mg	120 + 8 Pills	264.77€ 252.16€	Buy
Cialis Professional	40mg	20 Pills	110.24€ 104.99€	Buy
Cialis Generic	2.5mg	10 Pills	28.51€ 27.15€	Buy
Cialis Professional	20mg	10 Pills	48.29€ 45.99€	Buy
Cialis Generic	10mg	270 + 10 Pills	308.71€ 294.01€	Buy
Cialis Black	80mg	360 + 20 Pills	639.78€ 609.31€	Buy
Cialis Generic	10mg	10 Pills	31.41€ 29.91€	Buy
Cialis Generic	10mg	60 + 6 Pills	105.81€ 100.77€	Buy

JMXTRADE.com, FA 872052 (Nat. Forum Feb. 12, 2007) (“[Since] [t]he top-level gTLD is merely a functional element required of every domain name, the domain name is identical to the SHAMU mark under a Policy ¶ 4(a)(i).”). Therefore, the Panel finds that the disputed domain names are confusingly similar to Complainant’s mark under Policy ¶ 4(a)(i). Complainant must first make a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii), and then the burden shifts to Respondent to show it does have rights or legitimate interests.

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16, 2007) (finding that a generic cialis 10 pills 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. Forum June 7, 2004) (finding the respondent’s domain name confusingly similar to Complainant’s AMEX mark because the “mere addition of a generic or descriptive word to a registered mark does not negate” a finding of confusing similarity under Policy ¶ 4(a)(i)). The domains also incorporate gTLD suffixes such as “.com”, “.net”, or “.org.” Panels have agreed that such additions are required in domain name registrations and are therefore irrelevant to a Policy ¶ 4(a)(i) analysis. See Hanna-Barbera Prods., Inc. v.

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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 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. Entm’t Commentaries, FA 741828 (Nat.

Age Range	Under 50	50-70	Over 70	Notes
General Health	Yes	Yes	Cautiously	Underlying health conditions need assessment
Cardiovascular Disease	No	Cautious	Usually contraindicated	Need medical consultation
Diabetes	Yes	Yes	Cautiously	Increased risk of ED, monitor blood sugar levels
Prostate Issues	Yes	Yes	Cautiously	Especially with BPH symptoms

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.

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Gerberg, FA 780200 (Nat.

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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.

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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. 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.”).

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Complainant claims Respondent has no rights or legitimate interests in the disputed domain names. Complainant contends that Respondent is not commonly known by the disputed domain names, nor has it gained any permission from Complainant to register the CIALIS mark in any way. Because Respondent has submitted no additional evidence for the Panel’s consideration, and in light of the available WHOIS information, the Panel finds there is no basis to determine that Respondent is commonly known by the disputed domain names under Policy ¶ 4(c)(ii).