Is a horse that looks like yours, yours? That is the multi-million Ringgit question the Malaysian High Court had to answer this year when the Italian giant Ferrari locked horns with a local energy drink maker, Wee Power.

In a classic “David vs. Goliath” battle, the Court ruled that just because two logos feature horses, it doesn’t mean the public is confused. Here is the breakdown of Ferrari S.p.A. v Sunrise-Mark Sdn Bhd [2025], and why this judgment matters for every brand owner in Malaysia.

The Backstory: A Tale of Two Stables

To understand why this case is significant, we first need to look at the combatants.

Ferrari

You know them, and every influencer flaunts theirs. The Italian legend founded by Enzo Ferrari. Their “Cavallino Rampante” (Prancing Horse) is one of the most recognisable symbols on Earth. Originating from the fuselage of Italian WWI flying ace Francesco Baracca’s plane, the black horse on a yellow shield represents speed, luxury, and exclusivity.

Wee Power

A local Malaysian energy drink manufactured by Sunrise-Mark Sdn Bhd. They are a “Fast Moving Consumer Good” (FMCG) brand, selling affordable drinks in supermarkets and convenience stores. Their logo also features horses.

The Case Facts

In 2016, Sunrise-Mark applied to register its trademark for “Wee Power.” Ferrari spotted this and filed an opposition to block the registration.

Ferrari’s Argument: They claimed the Wee Power logo was “confusingly similar” to their own. They argued that because Ferrari is a world-famous mark, the use of a rearing horse by another company, even on a drink, would trick consumers into thinking the two were connected.

The Visuals:

  • Ferrari: A single black prancing horse on a yellow shield.
  • Wee Power: Two rearing horses facing each other, flanking a large stylised “W”, with the words “Wee Power” written boldly underneath.

After the Registrar of Trademarks sided with Wee Power in 2024, Ferrari took the fight to the High Court. [*]

The Decision and Why

On May 30, 2025, High Court Judge Adlin Abdul Majid dismissed Ferrari’s appeal. Here is the legal reasoning that secured the win for the local underdog:

1. The “Founder” Defence (Destroying Bad Faith)

Ferrari argued that the name “Wee” was generic (meaning “small”) and implied the drink had “Small Power”. This made no sense as unless Wee Power were trying to rip off Ferrari’s logo in bad faith, and a company wouldn’t intentionally call themselves “little power”.

Instead, the Judge accepted the defence that “Wee” referred to the company’s founder, Mr Wee Juan Chien. It was a genuine use of a family name, not a generic adjective.

2. Visuals: 1 vs. 2

The Court applied the “Imperfect Recollection” test. Even if a consumer didn’t have the logos side-by-side, the differences were too big to ignore. The presence of two mirrored horses, the large “W”, and the distinct brand name “Wee Power” meant the “overall impression” was totally different.

3. The “Speciality Principle”

This was the deciding factor. The Court emphasised the vast gap between the industries:

  • Ferrari: Sells luxury supercars (High cost, high attention to detail).
  • Wee Power: Sells energy drinks (Low cost, impulse buy).
  • The Verdict: A consumer buying an RM3.00 drink at a 7-Eleven is highly unlikely to mistake it for an Italian supercar product. The markets simply do not overlap.

Conclusion and Precedent

This judgment is a massive signal to the legal and business world in Malaysia:

  1. You Can’t Monopolize Animals: Just because you have a famous logo with an animal (like a horse, tiger, or eagle), you cannot stop every other business from using that animal. The context of the design matters.
  2. Local Context Counts: The Court’s willingness to accept the local surname explanation (“Wee”) shows that Malaysian courts will look at the commercial reality of local businesses, rather than just abstract dictionary definitions.

While Ferrari lost this round, their concern wasn’t paranoia, it was business reality.

In today’s market, companies rarely stay in their lane. Car manufacturers sell clothing, tech giants sell credit cards, and influencers sell coffee. Brand extension is the new normal. You cannot rely solely on your fame in one industry to protect you in another. If Ferrari had secured a trademark registration specifically for “beverages” in Malaysia before this dispute, the outcome might have been very different.

So, if you plan to branch out, you must protect your mark in those specific categories before you enter the market. Don’t wait until you launch the product to register the trademark. Contact us at Quality Oracle to simplify the process.