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ICANN throws out “Ugly Houses” UDRP appeal
Kevin Murphy,
July 20, 2020, 17:04:28 (UTC),
Domain Policy
ICANN has rejected an unprecedented attempt to get a UDRP decision overturned using the Reconsideration process.
The Board Accountability Mechanisms Committee late last week summarily dismissed a Request for Reconsideration filed by a group called the Emily Rose Trust.
Emily Rose had lost a UDRP case in May concerning the domain name uglyhousesri.com, which it had been using for the last couple of years to run a home renovation-and-resale service in Rhode Island.
The complainant was a company called HomeVestors, which has been running a near-identical service called We Buy Ugly Houses (a phrase it has trademarked) for substantially longer.
The National Arbitration Forum panelist had decided that the domain was confusingly similar to the mark, and that the similarity of the services constituted bad faith use.
In filing the rather poorly-written RfR, Emily Rose argued among other things that “Ugly Houses” is a generic term not protected by the mark.
But ICANN did not consider the merits of its request, instead rejecting the RfR for being outside the scope of the process.
The BAMC said that UDRP decisions do not involved the action or inaction of the ICANN board or staff, and are therefore not subject to board Reconsideration.
While UDRP decisions are often contested in court, this RfR makes it clear that ICANN is not an avenue for appeal in individual cases.
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