Domain names are unique internet addresses used to locate individuals or businesses online. Each connected device has a unique IP address, composed of numerical strings divided by periods. Domain names consist of multiple levels, including top-level domains (TLDs) and second-level domains (SLDs). TLDs, such as “com”, “net”, and country-specific codes like “my” for Malaysia, indicate the type or geographical region of the organisation.
In Malaysia, the management of .MY domain names is governed by the .MY Domain Name Dispute Resolution Policy (the “Policy”) administered by MYNIC, the national registry for .MY domain names. This policy outlines the procedures for resolving disputes over .MY domain name registrations.
MYNIC enforces a policy on “Sensitive Names” in domain registrations, covering terms considered offensive or sensitive in Malaysia. MYNIC can suspend or terminate registrations of such domains. Registrants can justify their use of a Sensitive Name by proving its widespread acceptance, legitimate ownership, or direct relevance to lawful website content.
Disputes over domain names are resolved through AIAC-approved providers, who appoint panels to decide on transferring or deleting contested domains. No monetary damages are awarded in these proceedings. During disputes, domain transfers are restricted, and for 21 days afterward. Dissatisfied parties may seek resolution through Malaysian courts. MYNIC reserves the right to suspend or terminate domains if not renewed, without assuming liability for any resulting damages.
This .MY domain dispute framework aims to provide a fair and efficient mechanism for resolving conflicts over Malaysia’s national domain namespace. Understanding these policies is crucial for anyone involved in .MY domain name registration and management.
PETROLIAM NASIONAL BERHAD V KHOO NEE KIONG [2003] 4 CLJ 303
In Malaysia’s first cybersquatting case, Petroliam Nasional Berhad (Petronas) initiated legal action against Khoo Nee Kiong over domain names incorporating the PETRONAS trademark.
Petronas alleged Kiong registered these domains for resale, operated ‘www.petronasgas.com’ with purported Petronas content, and spread defamatory statements about Petronas online, including emails to ICANN. Kiong denied the accusations.
Citing UK precedent from British Telecommunications plc v One in a Million Ltd (1999) 1 WLR 903, the High Court issued an interim injunction against Kiong. The judge found probable defamation, fraudulent use of the PETRONAS trademark through the domains, and intent to deceive the public. This ruling sets a foundational precedent in Malaysian cybersquatting law, likely influencing future resolutions of domain name disputes in the country.