Ferrari loses trademark battle against local drink brand
PETALING JAYA : Italian luxury sports car manufacturer Ferrari, known for its Formula 1 success and prancing horse emblem, has lost a court battle over a trademark dispute with a local energy drink company concerning a twin-horse logo.
The Kuala Lumpur High Court dismissed Ferrari's lawsuit against Sunrise-Mark Sdn Bhd, ruling that the company's 'Wee Power' logo was not similar to Ferrari's trademark to the point of causing confusion, and could proceed with registration.
Justice Adlin Abdul Majid stated that Ferrari's claim of potential confusion was unfounded, reported Harian Metro.
Ferrari had filed an originating summons against Sunrise-Mark, seeking to overturn the decision of the Registrar of Trademarks, who had rejected Ferrari's opposition and allowed the company's trademark application last year.
Ferrari argued that Sunrise-Mark's trademark, which features two horses standing face-to-face with a bold letter 'W' between them and the words 'Wee Power' below, infringed upon their exclusive rights to the single-horse logo used on their cars, merchandise, and global branding.
Ferrari also attempted to downplay the term 'Wee Power', claiming that the word 'Power' had been disclaimed in the trademark registration and that 'Wee' was too generic to be considered distinctive.
However, in its decision dated May 30, the court disagreed with the plaintiff, noting that the only similarity between the trademarks was the use of horses.
'The plaintiff's mark is a device mark featuring a single prancing horse, while the defendant's mark contains two horses standing face-to-face.
'The defendant's mark is not solely focussed on the standing horses, as it includes a prominent 'W' between the horses' heads and the words 'Wee Power' beneath them.
'I accept the defendant's explanation that the word 'Wee' originates from the name of the company's founder, Wee Juan Chien, and does not refer to the common English definition of 'wee.'
'I find it unlikely that the defendant intended to brand its energy drink with a term that means 'very little power' or 'early power,'' the judge said.
Adlin also said there was no reasonable likelihood of confusion between the defendant's energy drink and the plaintiff's luxury vehicles as both parties operate in distinct, non-competing industries with separate consumer bases.
'The plaintiff and defendant operate in different industries – the plaintiff in luxury automotive, and the defendant in consumer goods.
'The two product types do not compete, and the customer bases of both parties are unlikely to overlap,' he said, adding that an average consumer would not perceive the defendant's mark as similar to Ferrari's.
The court also ordered Ferrari to pay legal costs.
Lawyers PC Kok and Ng Pau Chze represented Ferrari, while YY Ho and Amirah Najihah Ameruddin represented Sunrise-Mark.
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