Ferrari’s defeat in Malaysia: Local energy drink brand prevails in trademark proceeding
31 October 2025
In a recent decision that has attracted attention, the Kuala Lumpur High Court dismissed Ferrari S.p.A.’s opposition against the registration of a Malaysian energy drink trademark, ruling in favour of Sunrise-Mark Sdn Bhd and its brand Wee Power. The judgment, delivered on May 30, 2025, underscores Malaysia’s pragmatic approach to trademark disputes and reaffirms the importance of context, industry distinction, and overall impression in assessing the likelihood of confusion.
The case arose from Sunrise-Mark’s application in 2016 to register the Wee Power trademark. Ferrari opposed the application on the basis that the logo was similar to its well-known prancing horse emblem. In April 2024, the Registry rejected Ferrari’s opposition, ruling that the marks were sufficiently different and that there was no likelihood of confusion. Ferrari subsequently appealed the decision to the High Court.
At the High Court, Ferrari argued that Sunrise-Mark’s use of horses in its logo infringes its rights and would cause confusion among consumers. Ferrari also submitted that the word “Wee” was non-distinctive and that “Power” had been disclaimed in the application. These arguments were dismissed. The court found that Ferrari’s emblem features a single prancing horse, whereas the Wee Power logo comprises two horses, positioned differently, together with prominent textual elements. On that basis, the judge held that the overall impression created by Sunrise-Mark’s logo was visually and conceptually distinct from Ferrari’s emblem.
On the issue of the brand name, the court accepted Sunrise-Mark’s evidence that “Wee” is the surname of the company’s founder, Juan Chien Wee, and therefore not a generic or descriptive term in context. The inclusion of the name, together with the word “Power” and a large “W”, was held to contribute to the distinctiveness of the overall mark.
The High Court also noted the differences in the parties’ respective industries. Ferrari is engaged in the luxury automotive sector, while Sunrise-Mark operates in the fast-moving consumer goods sector, specifically energy drinks. The court determined that these are unrelated markets and that consumers were unlikely to believe the products originated from the same sector.
As a result of these findings, the High Court upheld the Trademark Registrar’s earlier decision and confirmed Sunrise-Mark’s right to register the Wee Power mark. Ferrari’s appeal was dismissed, and the court ordered Ferrari to pay Sunrise-Mark’s legal costs.
This judgment concludes nearly a decade of proceedings since the filing of the application in 2016. The outcome affirms the validity of Sunrise-Mark’s trademark and finalises the dispute in favour of the Malaysian company.
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