Ferrari loses logo suit against local energy drink Wee Power

Italian luxury carmaker Ferrari has lost a branding dispute in Malaysia after the High Court ruled that a local energy drink company’s logo featuring rearing horses was not confusingly similar to Ferrari’s iconic emblem.

According to a report by NST, the case involved Sunrise-Mark, a Malaysian company behind the "Wee Power" energy drink brand, which uses a logo with two horses rearing up on either side of a large “W” and the words “Wee Power” beneath.

Ferrari had objected to the trademark application, arguing that the use of rearing horses infringed on its rights to the famous "Prancing horse" symbol synonymous with its global identity.

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However, the court sided with Sunrise-Mark, stating that the branding elements in question, including the use of two horses instead of one, the central “W”, and the "Wee Power" wording, created a distinct overall identity.

The judge also noted that Sunrise-Mark’s use of “Wee” was tied to the founder’s name, not meant as a reference to the English word “wee”, nor as a direct play on power.

From a branding perspective, the ruling reinforced the importance of overall brand identity and differentiation. The judge emphasised that despite both logos featuring horses, the context, design, and target markets of the two companies were vastly different.

Ferrari operates in the high-end automotive industry, while Sunrise-Mark sells consumer beverages. This difference in industries, customer base, and visual branding meant there was little risk of confusion in the marketplace.

The decision allows Sunrise-Mark to proceed with the registration of its "Wee Power" trademark, underlining a key lesson in brand strategy: context, visual distinctiveness, and market positioning all play crucial roles in defining trademark boundaries.

Ferrari has also been ordered to bear the legal costs of the case.

In September last year, Scoop.my had reported the initial case of Ferrari suing the Malaysian energy drink firm over the alleged logo trademark infringement. 

According to court documents, Ferrari was reportedly made aware of a trademark application in February 2016 by Sunrise-Mark for the “Wee Power” energy drink, and said in an affidavit that it objected the intellectual property application with the Malaysian Trademarks Registrar. 

The Trademarks Registrar, however, ruled in favour of Sunrise-Mark in April 2024, and dismissed Ferrari's objection. Later on, Ferrari filed a suit at the KL High Court to object the decision. 

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