Ferrari loses trademark suit in Malaysia over local energy drink's ‘Wee Power' horse logo
KUALA LUMPUR, June 30 — Ferrari SpA (Ferrari) has lost a trademark dispute against local energy drink brand Sunrise-Mark Sdn Bhd after the High Court ruled that the latter's 'Wee Power' logo was not confusingly similar to Ferrari's iconic 'Prancing Horse' emblem.
In a judgment dated May 30, Judge Adlin Abdul Majid dismissed Ferrari's challenge to block Sunrise-Mark's trademark registration, stating that the Italian carmaker's claims of potential confusion were unfounded, according to a report published in the New Straits Times today.
Ferrari had sought to overturn a decision by the Registrar of Trademarks which dismissed its opposition and allowed Sunrise-Mark's application for the 'Wee Power' trademark, featuring two rearing horses, a large 'W', and the words 'Wee Power'.
'The plaintiff's mark is a device mark with one rearing horse while the defendant's mark contains two rearing horses facing each other,' said Adlin, who found that the marks were visually and conceptually distinct.
She also accepted Sunrise-Mark's explanation that the word 'Wee' was derived from its founder's name, Wee Juan Chien, and not a reference to the English word meaning 'very small'.
Ferrari had argued that 'Wee' was generic and that 'Power' had been disclaimed in the registration, but the judge disagreed and found no evidence of an intent to mimic the Italian brand.
She further noted that the two companies operate in entirely different sectors — luxury vehicles versus consumable energy drinks — with no reasonable likelihood of customer confusion.
'It is unlikely that the average consumer would see the defendant's mark and form the impression that it is similar to the plaintiff's mark,' she added.
The court ordered Ferrari to pay costs, with PC Kok and Ng Pau Chze representing the carmaker, and YY Ho and Amirah Najihah Ameruddin appearing for Sunrise-Mark.
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