Even if a Respondent fails to file a response to a UDRP Complaint, a Complainant can count on losing a UDRP claim if they fail to provide basic evidentiary support.
In a decision released by the National Arbitration Forum ("NAF") earlier today a UDRP panel denied the Complainant, Max Mara Fashion Group's, bid to transfer the domain www.persona.com. Max Mara owns the mark PERSONA for clothing (U.S. Trademark Reg. No. 1,207,303). Overall, the case is instructive on the issues of laches, claim preclusion and how generic terms may legitimately be used in association with certain types of advertising websites.