In a significant legal decision, the Kuala Lumpur High Court has ruled in favor of Sunrise-Mark Sdn Bhd, a Malaysian company that produces the energy drink WEE POWER, in a trademark dispute brought by luxury Italian carmaker Ferrari SpA.
Ferrari alleged that the WEE POWER logo, which features two rearing horses on either side of a prominent “W”, bore too close a resemblance to Ferrari’s iconic single rearing horse emblem, potentially misleading consumers and damaging Ferrari’s brand identity. However, the court dismissed these claims, stating that the trademarks are distinct in design, context, and usage.
Case Overview
The dispute arose when Sunrise-Mark applied to register the WEE POWER trademark in Malaysia. Ferrari objected, arguing that the drink’s branding, particularly the horse imagery, could cause brand confusion and infringe upon Ferrari’s intellectual property.
The court, however, found the argument to be without sufficient basis. Presiding judge Justice Wong Kian Kheong highlighted that while both logos contain horse figures, their visual representation and overall branding are clearly distinguishable.
Court’s Findings
In the detailed judgment, the court noted several key differences:
Logo Structure: Ferrari’s emblem is a solitary horse standing on its hind legs, a symbol tightly associated with its automotive legacy. In contrast, WEE POWER’s mark features two horses, each facing inward with a stylized “W” at the center and the words “WEE POWER” below.
Sector Disparity: Ferrari is a luxury automobile brand, while Sunrise-Mark produces consumer beverages. The judge stated that it is unlikely any reasonable consumer would associate an energy drink with a supercar manufacturer.
Meaning of “WEE”: The name “WEE” was accepted by the court as being derived from the name of the company’s founder, Wee Juan Chien, rather than an attempt to imitate or draw attention through the use of the English word.
Due to these factors, the court ruled there was no risk of public confusion nor evidence of any intention by Sunrise-Mark to exploit Ferrari’s brand image.
Sunrise-Mark Can Proceed with Trademark
As a result of the decision, Sunrise-Mark is now legally permitted to register and use the WEE POWER logo in Malaysia. The court also ordered Ferrari to bear the legal costs of the proceedings, solidifying the judgment in favor of the Malaysian company.
Company Reactions
Sunrise-Mark issued a statement celebrating the decision as a win for local entrepreneurs and fair competition. The company emphasized that its branding was designed independently and intended to reflect its identity, not to mimic or capitalize on any global trademarks.
Ferrari has not yet released an official statement regarding the ruling or whether it plans to appeal.
Implications of the Ruling
This case highlights the boundaries of trademark protection, especially when large international brands attempt to challenge local firms in unrelated sectors. The decision reinforces that context, industry, and branding clarity are critical in determining trademark conflicts.
This article is for informational purposes only and is based on publicly available reports as of June 2025. It does not offer legal advice. All brand names and logos mentioned are the property of their respective owners.