Brand, Reputation & Digital Rights Protection
“Protect Your Brand in Every Platform”
In a hyper-connected world where a single post, listing or download can reach millions, brand value and digital reputation are among a company’s most critical assets. We help clients design and execute proactive legal strategies to protect their brands, content and digital rights across platforms, jurisdictions and business models.
Our work spans traditional brand enforcement, online marketplace and social media infringements, industrial design and copyright disputes and defensive strategies against aggressive third-party enforcement. We assist clients in managing reputational risks, preventing dilution and misuse of their IP and responding decisively when their rights are challenged.
Our Approach
Our approach combines deep IP litigation and enforcement experience, sector-specific insight and a commercial understanding of how brands actually operate online. We help clients to:
- Develop holistic brand protection and enforcement strategies (online and offline)
- Respond to infringement, passing off and unauthorised use of trademarks, designs and copyrighted works
- Manage online marketplace, social media and domain name infringements
- Coordinate cross-border enforcement, including cease & desist, cancellations and invalidations
- Defend against overreaching enforcement (e.g. aggressive font, image or software enforcement campaigns)
- Implement brand governance, usage guidelines and internal IP compliance frameworks
- Integrate IP enforcement with PR, marketing and stakeholder considerations
We act for brand owners, digital platforms, creative businesses, universities, financial institutions and manufacturers in ensuring that their reputation, brand assets and content are properly protected (and commercially usable) in Malaysia and beyond.
Our Strengths & Capabilities
Drawing on extensive experience in contentious and non-contentious IP work, as well as complex technology and commercial matters, our team provides:
1. End-to-End Brand & Digital Rights Protection
We support clients across the entire brand lifecycle, including:
- Clearance, filing and portfolio management (trademarks, industrial designs, copyrights)
- Brand usage guidelines and co-branding / sponsorship frameworks
- Monitoring and enforcement against infringing use in Malaysia and foreign markets
- Online enforcement (marketplaces, social media, domains, websites)
- Settlement, coexistence and licence-back arrangements where appropriate
This allows us to align registration strategies with practical enforcement needs and market realities.
2. Strategic Enforcement, Litigation Readiness & Risk Management
We design enforcement strategies that are firm but proportionate, with a clear view of litigation risk, cost and reputational impact. Our work includes:
- Cease & desist and warning letters, letters of undertaking and enforcement notices
- Cross-border coordination with foreign counsel for cancellation, invalidation and non-use actions
- Evidence planning, chain-of-title and use documentation
- Defensive responses to third-party enforcement campaigns (including commercial fonts and licensed content)
- Litigation strategy where negotiation fails or urgent relief is required
We regularly advise brand owners in sectors such as banking, automotive, fashion, F&B, higher education and media on how to balance assertive enforcement with commercial relationships and public perception.
3. Digital & Online Brand Enforcement
Brand misuse increasingly occurs online. We help clients navigate:
- Infringing listings and trademark misuse on marketplaces (e.g. Shopee and other platforms)
- Unauthorised use of logos, product images and brand names on websites and social media
- Domain name and impersonation issues
- Platform-specific takedown mechanisms and complaints procedures
- Integration of IP enforcement with PDPA, cyber, and content regulations
Our experience includes acting for universities, banks and corporates in tackling unauthorised online use of their marks and content.
4. Design, Content & Font-Related Protection
Beyond trademarks, we protect a wide range of creative and product-related IP:
- Industrial design registrations and enforcement (e.g. product and fashion accessories)
- Copyright ownership, licensing and assignments for visual, literary and audiovisual works
- Advice on alleged infringement arising from use of commercial fonts, stock images and digital assets
- Content licensing structures with media agencies, broadcasters, publishers and platforms
We frequently help clients assess exposure, negotiate settlements, or defend their position in response to enforcement campaigns by rights holders, including font and content licensors.
Our Experience
Below are selected highlights of our work in brand, reputation and digital rights protection:
- Cross-Border Brand Protection - Our lawyer advised an automative company on cross-border trademark enforcement and brand protection strategies across multiple jurisdictions (including the Philippines, Thailand, Turkey, Iran, Iraq, Egypt and Greece), involving cease & desist letters, cancellation and invalidation actions, coordination with foreign associates and evidence planning to clear conflicting marks.
- Corporate Name & Trademark Misuse – Our lawyer acted for an Islamic financial institution in enforcement against unauthorised use of its corporate name and trademarks, including issuing enforcement notices and crafting remedial undertakings to prevent further misuse and protect the bank’s brand integrity.
- Industrial Design Infringement – Our lawyer advised local fashion apparel brand owner on industrial design infringement of scarf designs, including enforcement strategy, correspondence with infringers and coordination of evidence for potential proceedings.
- Online Marketplace Enforcement – Our lawyer advised various institutions in relation to unauthorised use of the client’s trademarks on online marketplaces such as Shopee, including drafting warning notices and enforcement correspondence to platform operators and infringing sellers.
- Defensive Responses to Font Enforcement – Our lawyer advised various corporate clients on enforcement claims initiated by Monotype Imaging Inc. for alleged unlicensed use of commercial fonts includingassessing exposure, clarifying licensing scope and preparing formal responses to reduce legal and financial risk while preserving brand continuity.
- Multi-Right IP Enforcement – Our lawyer advised a wide range of clients (including leading automotive companies, universities and media entities) on trademark, copyright and industrial design infringements; from campaign-related IP issues (e.g. use of character IP in promotions) to disputes involving manufacturing drawings, product designs and broadcast content.
Why Clients Choose Us
- Integrated IP, Technology & Commercial Perspective
We do more than send letters. We understand how your brand is used in campaigns, technology platforms, licensing deals and collaborations, and we align enforcement with commercial objectives and long-term brand strategy. - Cross-Border Coordination & Practical Solutions
We regularly coordinate with foreign associates to manage enforcement, cancellations and invalidations abroad, and we are pragmatic about cost, timeline and realistic outcomes. - Digital-First Mindset
From marketplaces and social platforms to SaaS dashboards and payment portals, we understand how brand misuse appears in digital channels and how to work with platform operators and regulators to resolve issues efficiently. - Balanced Enforcement & Reputation Management
We are conscious that every enforcement step carries PR implications. Our advice takes into account stakeholder relationships, public perception and the need to avoid “over-enforcement” that might harm your brand. - Experience Across Industries & Asset Types
We act for clients in banking, education, retail, fashion, automotive, media, government-linked entities and SMEs, and we understand the different sensitivities, timelines and risk appetites in each space.
Frequently Asked Questions (FAQs)
- Trademark infringement arises where a registered trademark is used without consent in a way that is likely to cause confusion. The rights and remedies are based on statute.
- Passing off protects goodwill even without registration and is based on misrepresentation and damage.
Many brand disputes involve both. We help you decide which route (or combination) is most strategic in Malaysia and relevant foreign jurisdictions.
Key steps typically include:
- Registering your core marks and logos in relevant classes and jurisdictions
- Monitoring platforms for suspicious listings and profiles
- Using platform takedown tools supported by clear IP ownership evidence
- Sending warning letters or notices where appropriate
- Structuring internal SOPs so your marketing and sales teams know when to escalate
We can design enforcement guideline and handle marketplace notices on your behalf.
Escalation depends on factors such as:
- Scale and persistence of infringement
- Impact on revenue, reputation and regulatory exposure
- The infringer’s response (or non-response) to preliminary letters
- Evidence of bad faith or counterfeiting
- Cross-border or organised nature of the conduct
We typically start with a graduated response (letters, negotiations, undertakings) before recommending litigation or cancellations unless urgent injunctive relief is required.
Do not ignore it, but do not rush into payment or admissions either. It is important to:
- Verify ownership and validity of the claimed rights
- Check your actual usage, licensing terms and historical procurement records
- Assess the quantum claimed against realistic exposure
- Consider technical defences, permitted acts or mitigation arguments
We regularly assist clients in responding to enforcement campaigns (including font and design claims) in a way that manages both legal and commercial risk.
Practical measures include:
- Conducting brand and IP audits to identify key assets and vulnerabilities
- Implementing internal brand usage and content clearance policies
- Training marketing, digital and procurement teams on IP risks (fonts, images, user-generated content, vendor assets)
- Ensuring contracts with agencies, designers, influencers and vendors clearly allocate IP ownership, licences and indemnities
- Setting up monitoring and escalation mechanisms for online misuse
We frequently design “IP + brand governance” frameworks tailored to clients’ size, industry and risk profile.
Speak to us to design and implement a strategic, end-to-end legal framework to protect your brand, reputation and digital rights.