Paulaner Wins Trademark Case Against Berentzen Over Cola Mix Bottle Design
Verdict in Spezi Trial: Paulaner Emerges Victorious versus Berentzen
The Munich I Regional Court has ruled in favor of Paulaner in a legal dispute against Berentzen over the design of a cola mix bottle. The court ordered Mio Mio Cola+Orange Mix to cease selling the beverage in its current design due to its similarity to Paulaner's Spezi bottles.
The focus of the court was not on whether the two bottles could be confused, but whether the color scheme could lead customers to believe that the Mio Mio product is associated with Paulaner. The ruling, however, is not yet legally binding.
Implications of the Legal Dispute
The legal dispute highlights Paulaner's successful defense of its trademarked design, specifically the five-color wave on its Spezi bottles. This design has been recognized as distinctive and protected under trademark law.
Berentzen must cease sales of the Mio Mio Cola+Orange Mix in its current design to avoid potential fines of up to €250,000. They are also required to destroy all existing bottles with the infringing design and compensate Paulaner for any damages.
The decision may influence other companies to be more cautious in their packaging designs to avoid legal issues related to trademark infringement, potentially leading to more distinct and original designs in the beverage industry.
Future Actions by Paulaner
Paulaner will likely continue to monitor the market for similar infringements and take legal action as necessary to protect its brand identity. By successfully defending its trademark, Paulaner reinforces the recognition of its Spezi brand, further solidifying its market presence and consumer trust.
Paulaner may consider expanding its trademark protections to other elements of its brand design, ensuring that all aspects of its visual identity are legally safeguarded. This case may set a precedent for future legal disputes over design infringements in the beverage industry, potentially making it easier for companies to defend their unique brand elements.
Previous Disputes
This is not the first time Paulaner has taken legal action against competitors for design infringement. In 2022, Paulaner was itself the defendant in a Spezi-related dispute over naming rights. In March, the regional court ruled in a similar case in favor of Paulaner.
The smaller Augsburg-based brewery Riegele unsuccessfully attempted to obtain licensing fees for the name Spezi from Paulaner. The supposed inspiration for Berentzen's bottle design came from a similarly designed wallpaper in the former student room of the current marketing chief, but this anecdote did not hold up in court.
In a separate dispute, Paulaner fears that competitors' similar bottles would weaken its own brand and undermine its legal position. This time, the dispute was about the "Brauerlimo" of the Homburger Karlsberg Brewery.
Conclusion
Birgit Zacher, spokesperson for Paulaner, stated that they are pleased with the court's decision and are seeking a conversation with Berentzen. Mio Mio faces a potential fine of up to €250,000 for continuing to sell the beverage in its current design. Mio Mio must pay damages and destroy all produced bottles in its possession. The goal of Paulaner is not to demand damages, but to protect its color trademark.
[1] "Spezi-Brause: Paulaner siegt beim Rechtsstreit gegen Berentzen" (German). www.stern.de. Accessed 2023-04-10.
[2] "Paulaner gewinnt Rechtsstreit gegen Berentzen über Spezi-Brause-Flasche" (German). www.sueddeutsche.de. Accessed 2023-04-10.
The ruling in favor of Paulaner against Berentzen signifies a significant victory for the beer brand's business and finance strategy, as it reinforces the protection of its Spezi bottled drink design. As a result, competitors may be more cautious in their packaging designs to avoid potential legal issues and maintain brand integrity within the beverage industry.
In light of this triumph, Paulaner is likely to actively defend its brand identity further by closely monitoring the market for design infringements and taking legal action as necessary, potentially expanding its trademark protections to other elements of its brand design and strengthening its market position.
