Decision in Spezi Court Case: Paulaner Emerges Victorious Over Berentzen
In a recent ruling, the Munich Regional Court has sided with Paulaner in a trademark dispute against Berentzen over the design of their cola mix bottles. The court deemed Berentzen's Mio Mio Cola+Orange Mix bottle design to be infringing Paulaner's trademark rights, which are associated with the iconic Spezi cola mix label [1][2].
The dispute centres around the colorful wave pattern on Berentzen's bottle, a design element that bears striking similarities to Paulaner's five-color wave. Paulaner argues that this design is a trademarked combination and is crucial for the recognition of their Spezi product [2].
The court's decision mandates that Berentzen must cease selling the Mio Mio Cola+Orange Mix with the current design, face potential fines of up to €250,000 if they continue selling the product under this design, be liable for damages, and destroy all produced bottles with the infringing design in their possession [2].
This judgement is part of a series of trademark disputes Paulaner has pursued to protect the Spezi design. Berentzen has acknowledged the ruling and is currently reviewing its next steps internally [1].
Interestingly, this is not the first time Paulaner has taken legal action to safeguard its bottle design. In March, the regional court also ruled in favour of Paulaner in a similar case involving the "Brauerlimo" of the Homburger Karlsberg brewery [2].
Paulaner's concern stems from the fear that competitors bringing cola mix drinks onto the market with bottles similar to their own would weaken its own brand. The company prefers to engage in conversations before resorting to legal action [2].
It's worth noting that the court's focus was not on whether the two bottles could be confused, but rather whether the color design could give customers the idea that the Mio Mio product is associated with Paulaner.
In a separate incident, the smaller Augsburg brewery Riegele argued with Paulaner over the rights to the name Spezi and unsuccessfully tried to obtain licensing fees for the name [1].
Paulaner has protected the wave design of its bottle in the colors yellow, orange, red, pink, and purple, a design that has been a part of the brand's identity for many years. The company will continue to vigilantly protect its trademark rights to ensure the integrity of its iconic Spezi product.
[1] Bayerische Rundfunk (BR) [2] Handelsblatt
- The court's ruling in favor of Paulaner suggests that they are actively protecting their financial interests, as the trademark rights over their Spezi cola mix label extend to the iconic wave pattern on their bottles, which includes elements of food-and-drink business.
- Berentzen, facing potential fines and damage claims, now finds itself in a predicament where altering their Mio Mio Cola+Orange Mix bottle design could impact not only their business but also their lifestyle choices, as they reconsider their strategic approach to this dispute.
