Anticipated Decision in the Spezi Trial: Legal Battle Between Paulaner and Berentzen
In a significant ruling, the Munich local court has decided in favour of Paulaner, a well-known German brewery, in a trademark dispute with beverage manufacturer Berentzen. The court found that Berentzen's Mio Mio Cola + Orange Mix bottle design was too similar to Paulaner's Spezi product, potentially confusing consumers into thinking the product was associated with the Munich-based brewery [1].
The verdict solidifies Paulaner's trademark protection over the iconic five-color wave design of its Spezi brand, which has remained unchanged and recognized for decades. This court victory helps protect its brand identity and market position [1]. Berentzen, on the other hand, has acknowledged the ruling and indicated it will review its next steps internally. The company may need to redesign its Mio Mio Cola + Orange Mix packaging to avoid infringing on Paulaner's trademark and prevent consumer confusion [1].
The ruling emphasizes the strength of Paulaner's trademark rights and sets a precedent on how distinctive product design elements, like color waves, are protected under trademark law in Germany. This is not the first time Paulaner has been victorious in such a dispute. In March, the Regional Court ruled in favour of Paulaner in a similar case involving the "Brauerlimo" of the Homburg-based Karlsberg Brewery [1].
However, Paulaner fears that competitors bringing cola mix beverages to the market with bottles similar to their own would undermine its own legal position and prevent it from defending itself against other manufacturers. Berentzen, known for products like "Apple Korn," argues that colorful designs are common in cola mix beverages and that consumers would not associate Mio Mio with Paulaner based on colors and shapes [1].
The legal question in the case is whether Berentzen has its own and older counter-rights that do not arise from the existence of a wallpaper, reportedly the inspiration for the design. Lars Schmidt, head of the legal department at Paulaner, stated that the five-color wave is an indication of origin [1]. The court case is not trivial, as the parties have argued their respective positions in court. A quarter of a million euros is at stake in this legal dispute [1].
The dispute revolves around the argument that color combinations can become a trademark if they are understood by customers as an indication of origin. The Mio Mio label also has a curved design, and the colors are sometimes indistinguishable from those on the Paulaner bottle, although they are not 100% identical. The case is being heard in the Munich Regional Court, with a verdict expected in the afternoon [1].
[1] Source: Der Spiegel, Munich Local Court Rules in Favour of Paulaner in Trademark Dispute with Berentzen, 12th May 2023.
The five-color wave design of Paulaner's Spezi brand, a key aspect of its brand identity and market position, has been reinforced by the court's decision. Berentzen may need to redesign its Mio Mio Cola + Orange Mix packaging to steer clear of infringing on Paulaner's trademark and to prevent consumer confusion.
