Ferrari Loses Trademark Lawsuit in Malaysia Over Local Energy Drink’s ‘Wee Power’ Horse Logo

One of the world’s most iconic luxury brands, Ferrari SpA, has lost a trademark lawsuit in Malaysia against Sunrise-Mark Sdn Bhd, the maker of a local energy drink brand called Wee Power. The dispute centered on allegations that Wee Power’s logo, featuring two rearing horses, closely resembled Ferrari’s legendary “Prancing Horse” emblem.

However, the High Court dismissed Ferrari’s claims, stating that there was no likelihood of confusion between the two brands, which operate in vastly different industries—luxury automobiles and consumer energy drinks.

The ruling, handed down by Judge Adlin Abdul Majid, upheld the decision of the Registrar of Trademarks, which had previously allowed Sunrise-Mark’s application for the “Wee Power” trademark.

Not All Horses Are the Same

Ferrari argued that the use of horses in the Wee Power logo could mislead consumers and dilute its brand, which has become synonymous with high-performance sports cars. But the judge found the logos to be “visually and conceptually distinct.”

“The plaintiff’s mark is a device mark with one rearing horse while the defendant’s mark contains two rearing horses facing each other,” Judge Adlin stated in her judgment. She further highlighted that the average consumer was unlikely to mistake an energy drink for a luxury vehicle, and that no intentional mimicry was evident in Sunrise-Mark’s branding.

The name “Wee Power” also came under scrutiny, with Ferrari claiming “Wee” was too generic and that “Power” had been disclaimed in the trademark. But the judge sided with Sunrise-Mark, noting that “Wee” came from the founder’s name, Wee Juan Chien, and not the English word meaning “small.”

Different Sectors, Different Realities

The court emphasized the significant distinction in business categories between the two brands. While Ferrari operates in the luxury automotive industry, Sunrise-Mark’s Wee Power is a mass-market energy beverage with no overlapping audience.

“The two companies operate in entirely different sectors, with no reasonable likelihood of customer confusion,” the judge noted.

As a result, the court ordered Ferrari to pay legal costs incurred by Sunrise-Mark. Ferrari was represented by PC Kok and Ng Pau Chze, while YY Ho and Amirah Najihah Ameruddin represented Sunrise-Mark.

Implications for Global Trademarks

This ruling may set a new precedent for trademark disputes in emerging markets, especially where local brands with similar visual elements are challenged by international corporations. It also serves as a reminder that context, industry, and intent play crucial roles in trademark law.

For now, Sunrise-Mark’s Wee Power energy drink lives on, and Ferrari finds itself unexpectedly outpaced in court—not on the racetrack.