4.6 Does the failure of the respondent to respond to the complaint (respondent default) automatically result in the complainant being granted the requested remedy?
Consensus view: The respondent’s default does not automatically result in a decision in favor of the complainant. Subject to the principles described in 2.1 above with regard to the second UDRP element, the complainant must establish each of the three elements required by paragraph 4(a) of the UDRP. While a panel may draw negative inferences from the respondent’s default, paragraph 4 of the UDRP requires the complainant to support its assertions with actual evidence in order to succeed in a UDRP proceeding.
Relevant decisions:
The Vanguard Group, Inc. v. Lorna Kang D2002-1064 <vanguar.com>, Transfer
Berlitz Investment Corp. v. Stefan Tinculescu D2003-0465 <berlitzsucks.com>, Transfer
Brooke Bollea, a.k.a Brooke Hogan v. Robert McGowan D2004-0383 <brookehogan.com>, Denied
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