Verdict in Spezi Court Case: Paulaner Secures Victory over Berentzen - Court Decision in the Spezi Trial Favors Paulaner Over Berentzen
In a recent ruling at the Munich District Court I, Paulaner has won a legal battle against Berentzen over the design of their cola-mix bottles. The court found Berentzen's explanation unconvincing, and has ordered Mio Mio, a product of Berentzen, to cease selling its drink in the current design, facing a potential fine of up to €250,000.
The ongoing trademark dispute centres around Paulaner's distinctive wave pattern on its "Spezi" cola-mix bottle design. Paulaner alleges that Berentzen copied this design for its Mio Mio Cola+Orange product. The Munich-based company claims that the wave pattern is a protected design element, and the case is valued at around €250,000.
Berentzen, however, disputes this accusation. The company argues that colorful designs with circular shapes are common in the soft drink industry, and its bottle uses circular shapes rather than waves. Berentzen also asserts that its design was inspired by a similarly patterned wallpaper, not Paulaner's bottle.
Despite Berentzen's arguments, the court agreed that legally, Berentzen does not have older rights based on the existence of a wallpaper. The court ordered Mio Mio to destroy all existing bottles in its possession and pay damages.
This is not the first time Paulaner has faced a trademark infringement case. In the past, the company took legal action against the Homburger Karlsberg Brauerei over the "Brauerlimo" product.
Paulaner always seeks dialogue first before taking legal action. The company has stated that its goal is to protect its color trademark, not to demand damages. However, if Paulaner does not take action against similar products, it could undermine its own legal position and be unable to defend against other manufacturers bringing optically similar products to market.
The smaller Augsburg-based brewery Riegele also argued with Paulaner over the rights to the name Spezi, attempting to secure licensing fees for the name. However, this dispute did not involve Berentzen Group.
Berentzen argued that consumers would not assume Mio Mio is associated with Paulaner based on colors and shapes alone. However, the court's decision was not based on whether the two bottles could be confused, but rather on whether the color scheme could lead customers to believe that the Mio Mio product is associated with Paulaner.
As the court decision is final, Berentzen will need to redesign its Mio Mio Cola+Orange bottles to avoid infringing on Paulaner's trademarked design. The exact details of any future discussions between the two companies remain unclear at this time.
The community policy of both Paulaner and Berentzen might encourage dialogue before legal disputes, as seen in Paulaner's approach with Berentzen and the Homburger Karlsberg Brauerei. Yet, investing in vocational training for redesigning their bottling equipment could become necessary for Berentzen to avoid future fines and legal battles, especially with the ruling requiring a change in Mio Mio's bottle design.
Taking into account that Paulaner has successfully defended its trademarked design in court, it is vital for Berentzen to revise its business strategy concerning the bottles used for Mio Mio Cola+Orange, ensuring compliance with Paulaner's protected design elements to avoid potential future infringements.
