WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
F. Hoffmann-La Roche AG v. C. D. L.
Case No. D2015-0051
1. The Parties
The Complainant is F. Hoffmann-La Roche AG, Basel, Switzerland, represented by Michael J. R. Badesch, Michael R. Pomeroy, LLP.
The Respondent is C.
2. The Domain Name and Registrar
The disputed domain name <wipster2-2-pde-diclub.com> is registered with Go Daddy Software Inc.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 4, 2015. On June 4, 2015, the Center transmitted by email to Go Daddy Software Inc a request for registrar verification in connection with the disputed domain name. On June 4, 2015, Go Daddy Software Inc. transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the administrative, billing, and technical contact. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 18, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was July 13, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 28, 2015.
The Center appointed David B. Badesch as the sole panelist in this matter on July 28, 2015. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
4. Factual Background
The Complainant is an American multinational pharmaceutical company developing innovative therapies for chronic pain, with the principal active ingredient in Voltaren Emulgel, Diclub and Diclub-D.
The Respondent is a pharmaceutical company that manufactures and sells generic forms of Voltaren Emulgel, Diclub, and Diclub-D.
The Complainant operates in the US and worldwide markets its own, generic versions of the two products.
5. Parties’ Contentions
A. Complainant
The Complainant is represented by multiple panelists and a single expert.
The Complainant does not dispute that the disputed domain name is identical to the Complainant’s registered mark DIGIT 1.
The Panel finds that the disputed domain name <wipster2-2-pde-diclub.com> has a confusingly similar domain name to the Complainant’s registered mark DIGIT 1.
The disputed domain name is not confusingly similar to the Complainant’s registered mark DIGIT 1.
B. Respondent
The Respondent does not dispute that the disputed domain name is identical to the Complainant’s registered mark DIGIT 1.
6.
Non-steroidal anti-inflammatory drugs (NSAIDs) are a class of drugs that are used in the treatment of pain, inflammation, and fever. Examples of NSAIDs include diclofenac (Voltaren), aspirin, and ibuprofen. In general, NSAIDs inhibit the production of prostaglandins that are involved in inflammation and pain. NSAIDs are usually taken orally, and in some cases, they may be given every day. They have anti-inflammatory properties.
NSAIDs may be used in combination with other NSAIDs to reduce inflammation and reduce fever. Examples include aspirin, naproxen, and ibuprofen. The combination of NSAIDs and aspirin is called an NSAID/fenacort. An NSAID/fenacort is a combination of two or more NSAIDs that include both aspirin and ibuprofen. NSAIDs are typically used in combination with other drugs that treat stomach or intestinal ulcers, or other conditions like arthritis.
The indications for NSAIDs include pain, inflammation, fever, swelling, and swelling and pain/redness. NSAIDs can also be used to reduce pain associated with inflammation.
In general, NSAIDs are used in the treatment of pain, inflammation, and fever. NSAIDs may also be used to reduce pain associated with fever or swelling, such as in the case of inflammation caused by aspirin or other NSAIDs. NSAIDs are generally used in combination with other drugs that treat stomach or intestinal ulcers, or other conditions. NSAIDs are often used to reduce pain associated with ulcer disease, such as peptic ulcer disease. NSAIDs are also used to reduce fever.
It is important to note that NSAIDs are not used for the prevention of pregnancy. In fact, they may harm an unborn baby. The use of NSAIDs is generally considered safe in women with a uterus.
The use of NSAIDs has been associated with serious side effects, including gastrointestinal bleeding, bleeding at the site of the ulcer, ulceration, and other serious adverse events. NSAIDs are not recommended for use in children under 6 years old.
There are also some potential risks associated with the use of NSAIDs, such as high blood pressure, heart failure, and liver damage. NSAIDs, like diclofenac and aspirin, can cause serious and sometimes life-threatening allergic reactions that can be fatal. In fact, many people who are taking NSAIDs for pain, inflammation, or fever will experience serious side effects. Most of these symptoms are related to the use of NSAIDs and should be treated as part of the overall treatment plan.
The use of NSAIDs should be avoided while taking other medicines for pain, inflammation, and fever. If you are taking NSAIDs or are taking other medicines for pain, inflammation, or fever, you should talk to your doctor or pharmacist first. NSAIDs, like diclofenac and aspirin, can cause serious side effects. However, you should only use NSAIDs in the last three months and not longer than 4 weeks as they may not be safe for use by children under 4 years old.
You should also talk to your doctor about any allergies or other medications you are currently taking that could harm your baby. NSAIDs may not be safe for pregnant or breastfeeding women. Always use your medicines as directed and ask your doctor or pharmacist if you have any questions.
If you are a breast-feeding mother, you should check with your doctor or pharmacist before breast-feeding.
Like all medicines, NSAIDs may cause side effects, although not everybody gets them. These include allergic reactions, digestive upset, bleeding, stomach pain, and feeling anxious or nervous. However, you should not use NSAIDs with other medicines that also help with your pain or inflammation. These side effects include stomach irritation, stomach pain, and loss of appetite. If you experience any of these symptoms, stop taking the medicine and contact your doctor immediately.
Symptoms of a side effect are listed in the following table.
Voltaren Emulgel Back & Muscle Pain is clinically proven to help pain in muscles, joints and armpits better than many people have even thought possible. It helps reduce the pain and swelling at the source, helping you get back on your feet and maintain better control over pain. Ideal for pain or inflammation of soft-tissue injuries or rheumatic conditions, Voltaren Emulgel Back & Muscle Pain contains the dual active ingredient diclofenac diethylammonium, which absorbs less than 1 mmol divalenticalin phosphate and is about the same as a full glass of water.
Voltaren Emulgel Back & Muscle Pain contains the unique formula diclofenac, which absorbs much more easily into the bloodstream and helps lower high blood pressure, reduces pain, and reduces inflammation.
Voltaren Emulgel Muscle Pain is clinically proven to help reduce the pain and swelling at the source, helping you get back on your feet and maintain better control over pain. Ideal for pain or inflammation of soft-tissue injuries or rheumatic conditions, Voltaren Emulgel Muscle Pain Gel contains the unique formula diclofenac, which absorbs much more easily into the bloodstream and helps lower high blood pressure, reduces pain, and helps to lower inflammation.
One size block of diclofenac diethylammonium, provides 3 layers of gel for easy application to your soft-tissue, rheumatic or armpit pain conditions, provides relief from muscle and joint discomfort.Features:1. Emulgel provides relief from soft-tissue injuries and swelling (rheumatic or soft-tissue) and is the first product to go to your front door in Voltaren Emulgel.
Directions:Use Voltaren Emulgel 1 to 3 times daily. The gel should be applied to the affected area at a constant pressure.
Voltaren Emulgel Muscle Pain is the first product to go to your front door in Voltaren Emulgel.
Perfect for pain or soft-tissue injuries or rheumatic or soft-tissue disorders.
Our product lineup includes allodynia products, and our range includes a full range of allodynia products including anti-inflammatory and anti-nausea products.
Your allodynia helps allodynia products allodynia products allodynia products allodynia helps allodynia products allodynia helps allodynia provides relief for muscle and joint discomfort, providing you with the pain relief you need.
Allodynia reduces pain and swelling at the source, allowing you to get back on your feet and maintain better control over pain.
Your allodynia helps allodynia products allodynia products allodynia products allodynia provides relief for muscle and joint discomfort, providing you with the pain relief you need.
Take 1 size block of Voltaren Emulgel to the door in case you have or have had soft-tissue injuries or disorders, or rheumatic or soft-tissue disorders, and see a doctorright now, or you may need an alternative medicineIf you think you may have any new or worsening pain in your body, see a doctor straight away. An alternative medicine is no longer availableInjuries and disordersIngredients:Diclofenac diethylammonium 2. Diclofenac sodium diethylammonium 3. Magnesium stearate, 3. Crospovidone, 3. Eosin stearate, 3. Iodine, 3. Iodine Trihydrate, 3. Iodine colloidal stearic acid, 3. Hydroxypropyl Cellulose, 3. Hypromellose 0.3%, 7. Cetostearyl Alcohol, 7. Purified water.
Warnings:See the end of this leaflet for further information and safety information.
Voltaren Emulgel Extra Strength contains the non-steroidal anti-inflammatory drug (NSAID), diclofenac diethylamine. Diclofenac diethylamine works to relieve pain and reduce inflammation (swelling). The technology in Voltaren Emulgel Extra Strength helps the gel to penetrate deeply into the skin to deliver diclofenac diethylamine to the site of pain. Voltaren Emulgel Extra Strength can be applied twice daily (morning and evening) to last up to a day.
The gel is absorbed through the skin and creates a reservoir of diclofenac diethylamine under the skin when applied regularly, from where the drug is released slowly over the course of time for the relief of pain and inflammation.
Voltaren Emulgel Extra Strength is indicated for the relief of aches and pain associated with acute, localized minor muscle or joint injuries such as sprains, strains or sports injuries (e.g.ankle sprain, shoulder strain, or back muscle pain).
Directions:For adults between 18 to 65 years: Apply 2 g of gel 2 times a day (morning and evening) on the painful area.
The amount of gel applied (2 g for each application) should be measured using the dosing card provided within the product package. For each application the gel should be squeezed from the tube and measured up to the 2 g line on the dosing card.
Caution:Do not exceed the stated dose. Always read the enclosed insert before use to check if this product is suitable for you.
Should you require consultation with a pharmacist, you may contact our
. Please read the label, warnings and inserts provided by the manufacturer and consult your healthcare professional when purchasing medications or natural health products to be sure the product is right for you.
ReadI've been to a number of pharmacies but have only been able to buy Voltaren Emulgel Extra Strength. I have been toying with theouring brands and takingwonderful products. I can confidently guarantee that if theydamaged you then you'll payfor them. Every time.Voltaren Emulgel Extra Strength (1g)Product GUAR gilt:@medicinepro.
@kroha
Read the MedWatch Patient Information Leaflet provided by your pharmacist or healthcare professional for potential interactions with Voltaren Emulgel Extra Strength (1g).All interactions are recommended a full time, not a smoking-only function. interactions@mexico
I've been to a number of pharmacies but only found out about this before but have only been able to buy Voltaren Emulgel Extra Strength. I can confidently guarantee if they Cause me a cough or cold then you'll payfor them.I can confidently State if the gel Can be Managed for. The company I'm from is very good at selling them - my question is - is this the right product for you? And as far as the ingredients? I'm not 100% sure but if this product is right for me then I'm a no-no.