Latest news with #SunriseMark
Free Malaysia Today
30-06-2025
- Automotive
- Free Malaysia Today
Ferrari loses trademark battle against local drink brand
The Kuala Lumpur High Court found no reasonable likelihood that a person purchasing an energy drink would confuse it with Ferrari's luxury vehicle. 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.
Yahoo
30-06-2025
- Automotive
- Yahoo
Ferrari loses trademark suit in Malaysia over local energy drink's ‘Wee Power' horse logo
KUALA LUMPUR, June 30 — Ferrari SpA (Ferrari) has lost a trademark dispute against local energy drink brand Sunrise-Mark Sdn Bhd after the High Court ruled that the latter's 'Wee Power' logo was not confusingly similar to Ferrari's iconic 'Prancing Horse' emblem. In a judgment dated May 30, Judge Adlin Abdul Majid dismissed Ferrari's challenge to block Sunrise-Mark's trademark registration, stating that the Italian carmaker's claims of potential confusion were unfounded, according to a report published in the New Straits Times today. Ferrari had sought to overturn a decision by the Registrar of Trademarks which dismissed its opposition and allowed Sunrise-Mark's application for the 'Wee Power' trademark, featuring two rearing horses, a large 'W', and the words 'Wee Power'. 'The plaintiff's mark is a device mark with one rearing horse while the defendant's mark contains two rearing horses facing each other,' said Adlin, who found that the marks were visually and conceptually distinct. She also accepted Sunrise-Mark's explanation that the word 'Wee' was derived from its founder's name, Wee Juan Chien, and not a reference to the English word meaning 'very small'. Ferrari had argued that 'Wee' was generic and that 'Power' had been disclaimed in the registration, but the judge disagreed and found no evidence of an intent to mimic the Italian brand. She further noted that the two companies operate in entirely different sectors — luxury vehicles versus consumable energy drinks — with no reasonable likelihood of customer confusion. 'It is unlikely that the average consumer would see the defendant's mark and form the impression that it is similar to the plaintiff's mark,' she added. The court ordered Ferrari to pay costs, with PC Kok and Ng Pau Chze representing the carmaker, and YY Ho and Amirah Najihah Ameruddin appearing for Sunrise-Mark.
Malay Mail
30-06-2025
- Automotive
- Malay Mail
Ferrari loses trademark suit in Malaysia over local energy drink's ‘Wee Power' horse logo
KUALA LUMPUR, June 30 — Ferrari SpA (Ferrari) has lost a trademark dispute against local energy drink brand Sunrise-Mark Sdn Bhd after the High Court ruled that the latter's 'Wee Power' logo was not confusingly similar to Ferrari's iconic 'Prancing Horse' emblem. In a judgment dated May 30, Judge Adlin Abdul Majid dismissed Ferrari's challenge to block Sunrise-Mark's trademark registration, stating that the Italian carmaker's claims of potential confusion were unfounded, according to a report published in the New Straits Times today. Ferrari had sought to overturn a decision by the Registrar of Trademarks which dismissed its opposition and allowed Sunrise-Mark's application for the 'Wee Power' trademark, featuring two rearing horses, a large 'W', and the words 'Wee Power'. 'The plaintiff's mark is a device mark with one rearing horse while the defendant's mark contains two rearing horses facing each other,' said Adlin, who found that the marks were visually and conceptually distinct. She also accepted Sunrise-Mark's explanation that the word 'Wee' was derived from its founder's name, Wee Juan Chien, and not a reference to the English word meaning 'very small'. Ferrari had argued that 'Wee' was generic and that 'Power' had been disclaimed in the registration, but the judge disagreed and found no evidence of an intent to mimic the Italian brand. She further noted that the two companies operate in entirely different sectors — luxury vehicles versus consumable energy drinks — with no reasonable likelihood of customer confusion. 'It is unlikely that the average consumer would see the defendant's mark and form the impression that it is similar to the plaintiff's mark,' she added. The court ordered Ferrari to pay costs, with PC Kok and Ng Pau Chze representing the carmaker, and YY Ho and Amirah Najihah Ameruddin appearing for Sunrise-Mark.
