Domain Name: grazia.us; Case: Arnoldo Mondadori Editore S.p.A. v. Grazia Solazzi, No. FA 1323771 (Nat’l. Arb. Forum June 23, 2010).

In this action under the usTLD Dispute Resolution Policy (which mirrors the Uniform Domain Name Dispute Resolution Policy), Complainant sought transfer of the Domain Name grazia.us. Complainant, an Italian company, has used the mark GRAZIA for many years in several markets around the world in connection with its fashion magazine.

Respondent registered the Domain Name in 2008, but as of the time of the dispute, had not established a website there. Importantly, though, Respondent’s first name is Grazia. And she was able to demonstrate that she had plans to start a food blog at the domain.

So the Panel denied the complaint. It found that Respondent had rights or legitimate interests in the Domain Name because through the use of her name in reference to her journalistic activities and projects, she had become commonly known by the Domain Name.

The Panel also found that Respondent had made demonstrable preparations to use the Domain Name prior to receiving notice of the dispute, and that such preparations were to use the Domain Name in connection with a bona fide offering of goods or services.

Because Respondent had rights and legitimate interests in the Domain Name, the Panel concluded that she did not register or use it in bad faith. On this point the Panel cited Lockheed Martin Corp. v. The Skunkworx Custom Cycle, D2004-0824 (WIPO Jan. 18, 2005) (finding that the issue of bad faith registration and use was moot once the panel found the respondent had rights or legitimate interests in the disputed domain name) and Vanguard Group Inc. v. Investors Fast Track, FA 863257 (Nat. Arb. Forum Jan. 18, 2007) (“Because Respondent has rights and legitimate interests in the disputed domain name, his registrations is not in bad faith.”).