Westmore · UDRP DecisionFastdl.ai
The Panel ordered transfer of <fastdl.ai>, finding it identical to Complainant’s registered FASTDL mark, that Respondent lacked rights or legitimate interests, and that Respondent intentionally used the domain for commercial gain by creating confusion through a website offering services identical to Complainant’s services.
The timeline behind fastdl.ai
Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.
The Panel found bad faith under Policy ¶ 4(b)(iv) because Respondent intentionally sought commercial gain by creating confusion with Complainant’s mark. The domain exactly comprised the mark, and the associated website prominently used the mark, offered identical services, and lacked a prominent disclaimer.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION TriDual Group Limited v. Le Tong Claim Number: FA2604002217545 PARTIES Complainant is TriDual Group Limited ("Complainant"), represented by Ian Chris Julio Esther of TriDual Group Limited, Seychelles. Respondent is Le Tong ("Respondent"), Vietnam. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <fastdl.ai>, registered with Name.com, Inc. PANEL The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding. Adam Taylor as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on April 23, 2026; Forum received payment on April 23, 2026. On April 23, 2026, Name.com, Inc. confirmed by e-mail to Forum that the <fastdl.ai> domain name is registered with Name.com, Inc. and that Respondent is the current registrant of the name. Name.com, Inc. has verified that Respondent is bound by the Name.com, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy"). On April 24, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 14, 2026 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@fastdl.ai. Also on April 24, 2026, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts. Having received no response from Respondent, Forum transmitted to the parties a Notification of Respondent Default. On May 15, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Adam Taylor as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES' CONTENTIONS A. Complainant Complainant contends that it has rights in the FASTDL mark based upon registration of its mark with the European Intellectual Property Office ("EUIPO") and upon common law rights arising from business use. The disputed domain name is confusingly identical to Complainant's mark. Respondent has no rights or legitimate interests in the disputed domain name. Respondent has not used the disputed domain name in connection with a bona fide offering of goods or services; on the contrary, Respondent has used the disputed domain name to impersonate Complainant and confuse its customers. Respondent is not commonly known by the disputed domain name. Respondent has not made legitimate noncommercial or fair use of the disputed domain name. Complainant has never authorized Respondent to use Complainant's mark. Respondent registered and used the disputed domain name in bad faith. Respondent's actual knowledge of Complainant's mark is evidenced by Complainant's prior use of the FASTDL mark and by Respondent's use of the disputed domain name for identical services to those of Complainant. Respondent registered the disputed domain name primarily for the purpose of disrupting the business of a competitor. Respondent has used the disputed domain name to create a likelihood of confusion with Complainant's mark for commercial gain. B. Respondent Respondent failed to submit a Response in this proceeding. FINDINGS Complainant provides a service under the mark FASTDL, including via a website at www.fastdl.app, whereby users can download videos and photos from Instagram. Complainant owns European Union trademark Reg. No. 018910338 for FASTDL, registered with the EUIPO on December 27, 2023. The disputed domain name was registered on May 13, 2025. The disputed domain name has been used to resolve to a website branded "FastDL" that purported to offer Instagram video download services under the heading "FastDL – The best Instagram video downloader". DISCUSSION Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable." Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith. In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.1 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) ("Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint"). Identical and/or Confusingly Similar Since Complainant has provided evidence of registration of the FASTDL mark with the EUIPO, the Panel finds that Complainant has rights in that mark under Policy ¶ 4(a)(i). Disregarding the Top-Level Domain ("TLD") suffix, which is excluded from the comparison, the disputed domain name is identical to Complainant's trademark. Therefore, the Panel finds that the disputed domain name is identical to Complainant's FASTDL mark under Policy ¶ 4(a)(i). Rights or Legitimate Interests Complainant must first make a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii); then the burden shifts to Respondent to show it does have rights or legitimate interests. See Neal & Massey Holdings Limited v. Gregory Ricks, FA 1549327 (Forum Apr. 12, 2014) ("Under Policy ¶ 4(a)(ii), Complainant must first make out a prima facie case showing that Respondent lacks rights and legitimate interests in respect of an at-issue domain name and then the burden, in effect, shifts to Respondent to come forward with evidence of its rights or legitimate interests."). Complainant argues that Respondent fails to use the disputed domain name in connection with a bona fide offering of goods or services or for legitimate noncommercial or fair use. As discussed under the third element below, the Panel considers that Respondent is using the disputed domain name to intentionally attempt to attract, confuse and profit from Internet users seeking Complainant's goods and/or services. Such activity is plainly not bona fide. Nor does it qualify as legitimate noncommercial or fair use. Accordingly, the Panel finds that Respondent does not use the disputed domain name for a bona fide offering of goods or services, or for legitimate noncommercial or fair use, under Policy ¶ 4(c)(i) or (iii). Complainant further contends that Respondent lacks rights or legitimate interests in the disputed domain name since Respondent is not commonly known by the disputed domain name. WHOIS information may be used to determine whether a respondent is commonly known by the disputed domain name under Policy ¶ 4(c)(ii). See Braun Corp. v. Loney, FA 699652 (Forum July 7, 2006) (concluding that the respondent was not commonly known by the disputed domain names where the WHOIS information, as well as all other information in the record, gave no indication that the respondent was commonly known by the domain names, and the complainant had not authorized the respondent to register a domain name containing its registered mark). The WHOIS information for the disputed domain name lists the registrant as "Le Tong" and there is no other information on the record indicating that Respondent is commonly known by the disputed domain name. Accordingly, the Panel finds that Respondent is not commonly known by the disputed domain name per Policy ¶ 4(c)(ii). Therefore, the Panel concludes that Respondent lacks rights or legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii). Registration and Use in Bad Faith The Panel considers that Respondent has intentionally attempted to attract Internet users to its website for commercial gain by creating a likelihood of confusion with Complainant's trademark under Policy ¶ 4(b)(iv). First, the disputed domain name exactly comprises Complainant's mark. Second, Respondent has used the disputed domain name for a website that creates the impression that it is associated with Complainant by prominent use of Complainant's mark as well as by purporting to offer identical services to those provided by Complainant, and by the lack of any prominent disclaimer. Therefore, the Panel concludes that Respondent has registered, and is using, the disputed domain name in bad faith under Policy ¶ 4(a)(iii). DECISION Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <fastdl.ai> domain name be TRANSFERRED from Respondent to Complainant. Adam Taylor, Panelist Dated: May 19, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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