Design theft lawsuit in Munich: Paulaner files suit against Berentzen for brand imitation - Decision rendered
The Munich I Regional Court has ruled in favour of Paulaner Brewery in a dispute with Berentzen over the design of Berentzen's "Mio Mio Cola+Orange Mische" product. The legal dispute centres on the design similarity between Berentzen's product and Paulaner's well-known "Spezi" cola-mix bottle.
Paulaner filed a lawsuit claiming that Berentzen’s product infringes on its trademark rights, specifically arguing that the outer design of Berentzen’s bottle — including the colours and wave-like patterns — is too similar to the protected design of Spezi’s bottle. The court found that Berentzen's bottle design violated Paulaner’s trademark under German Trademark Law because of the resemblance to the Spezi bottle design, especially regarding the use of protected colour trademarks and wave patterns.
As a result, Berentzen has been ordered to cease sales of the Mio Mio Cola+Orange Mische featuring the contested design, pay damages to Paulaner, destroy all already produced bottles with the infringing design in its possession, and face an order fine of up to €250,000 if violation continues.
Berentzen contested the claim by arguing that vibrant designs are common in soft drink marketing and insisted their design uses circular shapes rather than waves. However, the court sided with Paulaner, reaffirming the distinctiveness and protection of the Spezi bottle design in prior rulings against other competitors.
This case illustrates how design elements on product packaging can qualify for trademark protection in Germany, and how courts rigorously enforce these protections to prevent consumer confusion through similarities in colours, shapes, and patterns.
It's important to note that this is not the first time a Spezi dispute has reached the courts; in 2022, Paulaner itself was the defendant in a similar case. Berentzen has until February 7 to respond to the lawsuit, and the ruling is not yet legally binding. The court has found that Berentzen does not have its own and older counter-rights.
The dispute is not about potential confusion between Paulaner and Berentzen products, but rather the assumption that the two companies are collaborating. Paulaner fears that similar designs on competitor's cola mix drinks would weaken their own brand and undermine their legal position.
Inspiration for Mio Mio's design came from a wallpaper in the former student room of the current marketing chief, but this did not convince the court. The court is examining four bottles of the two products in detail.
The ruling confirms Paulaner’s exclusive rights over its Spezi bottle design, affirming that Berentzen’s Mio Mio design unlawfully copied protected elements, leading to injunctive relief and damages for Paulaner.
- In the ongoing legal battle, Paulaner's exclusive rights over the design of its Spezi bottle, including the use of protected color trademarks and wave patterns, have been affirmed, offering a clear example of how design elements in business can be protected under German Trademark Law.
- The decision in the dispute between Paulaner and Berentzen signifies that businesses operating in the industry and finance sectors, such as soft drink manufacturing, need to be mindful of the potential infringement of trademark rights when designing their products, lest they face similar legal consequences.
