The Court of Justice has determined that the Commission's move to start proceedings against the involved party is not equivalent to a court judgment by the Court of Justice itself.
In the world of soft drinks, design is as important as taste, and Paulaner, a well-known brewery, has made a name for itself with its unique Spezi bottle design. This design has been the subject of legal disputes in the past, with Paulaner successfully defending its trademark against other cola mix drink manufacturers.
Recently, Paulaner found itself in a legal dispute with Berentzen, a beverage maker, over a similarly designed cola-orange soft drink bottle. The case, which is expected to be decided by the Munich Regional Court in the afternoon, revolves around Paulaner's claim that Berentzen has infringed upon its rights with the design of the Mio Mio bottle.
Berentzen, however, argues that colorful designs are common in cola mix drinks and that consumers are unlikely to associate Mio Mio with Paulaner based on colors and shapes. The company's bottle, unlike the Spezi bottle, features circles instead of waves, and the design is said to have originated from a wallpaper in the former student room of its current marketing director.
The legal question at hand is whether Berentzen has its own and older counter-rights in the design, which do not arise from the existence of a wallpaper. Paulaner has registered a wavy design in the colors yellow, orange, red, pink, and purple for its cola bottle, and the Regional Court considered the color design to be an indication of origin in a previous Spezi case.
It's important to note that Paulaner has previously won a trademark infringement case against the Homburger Karlsberg Brewery over a similar Spezi design case in March 2025. In another instance, Paulaner was the defendant in a Spezi dispute against the smaller Augsburg-based brewery Riegele, who unsuccessfully tried to obtain licensing fees for the name in 2022.
The amount in dispute in the case involving Berentzen is a quarter of a million euros. As the court prepares to make its decision, the outcome could have significant implications for the soft drink industry, highlighting the importance of protecting unique designs in a competitive market.
[1] Trademark Law (Markenrecht) - Bundesrepublik Deutschland (Germany)
- Despite Berentzen's argument that consumers may not associate Mio Mio with Paulaner due to differences in colors and shapes, Paulaner, citing a previous case where they successfully defended their trademark for the Spezi bottle, maintains that their wavy design in specific colors is crucial in recognizing their cola bottle.
- If Berentzen is found to have infringed upon Paulaner's rights with the Mio Mio bottle design, it could set a significant precedent in the soft drink industry, underscoring the importance of protecting unique designs in a competitive market, a principle well-established through the Trademark Law of Germany.
