Fast Cars And Confusingly Similar Trade Marks

Deliberations around confusingly similar trade marks are to a trade mark attorney, what bread is to a baker. We have searched for trade mark cases from around the world in order to fill this need and on this occasion, we will be discussing an interesting trade mark case that played out in Malaysia.

The case involves two companies, one of which our readers will most certainly have heard of, and the other which may be new to many:

• Ferrari S.p.A (Ferrari), and
• Sunrise Mark Sdn BHd (Sunrise).

Simply put, Ferrari sued Sunrise for using the trade mark WEE POWER in respect of an energy drink. Ferrari's issue was that the WEE POWER logo was very similar to Ferrari's logo.

The Ferrari logo looks like this (We are aware this may be pointing out the obvious).