Criminal Court of Initial Jurisdiction
In a recent legal battle, Paulaner has emerged victorious in a trademark dispute against Lower Saxony beverage manufacturer, Berentzen, over the design of their cola mix bottles. The initial court verdict, reported on August 11, 2025, ruled that the color scheme of Berentzen's Mio Mio Cola+Orange mix bottle was too similar to Paulaner's protected design for its Spezi drink[1].
However, Berentzen has not given up the fight and has filed an appeal, which means the case is still ongoing. The appeal could potentially overturn or modify the original verdict, but further details on its progress and impact are not yet available[1].
Berentzen CEO, Oliver Schwegmann, has criticised the verdict, stating it is "out of touch with reality" and pointing out the prevalence of similar color schemes in supermarkets[1]. However, the court's ruling was based on the potential for customers to associate Mio Mio with Paulaner, rather than any potential confusion between the two products[1].
The dispute is now going into the second round, with the Munich Higher Regional Court confirming receipt of Berentzen's appeal. It's important to note that damages were not the main focus of Paulaner's lawsuit[1]. If the verdict stands, Berentzen could face a fine of up to 250,000 euros, damages, and the destruction of all bottles in its possession that have already been produced[1].
The legal community, including legal laymen, experienced lawyers, and experts in trademark law, have weighed in on the case. Schwegmann's criticism has echoed concerns about the broader implications of such rulings for businesses in the industry[1].
As the case progresses, both companies will be closely watched to see how they navigate this challenging situation. The outcome could set a significant precedent in the world of trademark law and product design.
[1] Source: Local German Newspaper, August 11, 2025.
The legal outcome could have far-reaching implications on the business and finance sectors, especially for companies in the industry, considering the potential impact on product design and trademark law. If Berentzen's appeal is unsuccessful, they could face financial penalties for non-compliance with the trademark regulations.
