Domain Names & Digital Assets 

Securing Your Digital Territory and Online Brand Identity 

In the digital economy, your domain name is the cornerstone of your online identity. It is the first point of contact for customers and the foundation of your online presence. However, many businesses do not realize that holding a trademark does not automatically grant you the corresponding domain name. 

The digital landscape is rife with risks, from cybersquatters who hold domains ransom to bad actors creating fake websites that impersonate your brand. In Malaysia, domain names ending in .my are governed by MYNIC, while international domains (.com, .net) follow global protocols. Navigating the dispute resolution procedures for each requires specialized legal knowledge. 

We help you secure your digital borders, ensuring that your online identity matches your real-world reputation and that your digital assets remain safely in your control. 

 

 

Our Domain Names & Digital Assets Services Includes:

  • Domain name registration strategies & brand matching – We advise on the strategic selection and registration of domain names (including .my and .com) to ensure they align with your trademark portfolio and business goals, preventing future conflicts. 
  • Cybersquatting disputes & UDRP / MYDRP complaints – We represent clients in recovering "hijacked" domains through administrative proceedings like the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Malaysian Domain Name Dispute Resolution Policy (MYDRP), which are often faster and more cost-effective than court litigation. 
  • Protection against online impersonation & fraud – We execute takedown strategies against fake websites, social media impersonators and fraudulent e-commerce listings that mislead the public and damage your goodwill. 
  • Domain transfers & portfolio management – We manage the transfer of ownership (often necessary during M&A or when employees leave) and oversee domain renewals to prevent accidental expiry and loss of rights. 

FAQs- Common Client Concerns

If I register a Trademark, do I automatically own the domain name?

No. Trademarks and domain names are separate systems. A trademark is granted by the Intellectual Property Office (MyIPO), while domains are sold on a "first-come, first-served" basis by registrars. You must register both to be fully protected. 

What is Cybersquatting?

Cybersquatting occurs when someone registers a domain name identical or confusingly similar to your trademark in "bad faith," often with the intent to sell it back to you at an inflated price or to disrupt your business. 

How can I get my domain back from a squatter?

You generally have two options: file a lawsuit in court (which can be costly) or use an administrative dispute resolution process (MYDRP for .my domains or UDRP for .com). We can advise on which route offers the best chance of success. 

What is the difference between UDRP and MYDRP?

UDRP is the global standard for disputes involving generic domains like .com or .net. MYDRP is specific to Malaysia for .my country-code domains. Both allow you to request the transfer of a domain if you can prove you have rights to the name and the current holder does not. 

Someone is impersonating my business on social media. Can you help?

Yes. While social media handles are not "domain names," impersonation can constitute passing off or a violation of platform policies. We can issue takedown notices or cease and desist letters to remove the infringing profiles. 

Do I need a local presence to register a .my domain?

Generally, yes. To register a .my domain, you usually need a nexus to Malaysia (e.g., a Malaysian company registration or residency). However, for international clients, we can advise on the specific requirements or local presence services. 

Can I sell or license my domain name?

Yes. Domain names are digital assets that can be bought, sold or licensed. We can draft the Transfer of Ownership or Lease Agreements to ensure the transaction is secure and funds are released only when the domain is successfully transferred. 

What happens if I forget to renew my domain?

If a domain expires, it enters a "redemption period" where it can be recovered for a fee. If not recovered, it becomes public and anyone (including competitors or squatters) can register it. We offer portfolio management to ensure you never miss a deadline. 

Is a domain name considered Intellectual Property?

Strictly speaking, a domain name is a contractual right, not a statutory IP right like a patent. However, it is deeply connected to Trademark law and Passing Off. Using a domain to mislead customers is a violation of IP rights. 

Why use a lawyer instead of just an IT guy for domains?

IT professionals handle the technical setup (DNS, hosting), but they cannot handle the legal ownership disputes. If a squatter takes your name or if you are accused of infringing someone else's trademark with your domain, you need legal representation to resolve the dispute. 

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Business Reputation &
Passing Off

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Awards and Recognition

We are proud to be nominated as the top finalists of  "SE Asia Law Firm of the Year" and "Malaysia Law Firm of the Year" by ALB (Asian Legal Business) Law Awards 2018 and 2019.

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Why Choose Us 

We understand that your digital presence is as real as your physical office. Whether you are fighting a global cybersquatter or simply consolidating your digital portfolio, we ensure your online assets remain firmly in your hands. 

 Contact us today to secure your digital presence. 

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