Trial Verdict Regarding Species Case: Paulaner Wins Debate on Etiquette Standards
In a recent court decision, Paulaner, a renowned German beer producer, has secured a legal victory against Berentzen over the design of a cola-mix bottle. The dispute, which took place at the Munich I Regional Court in 2025, centres around the alleged infringement of Paulaner's distinctive five-color wave bottle design for their popular "Spezi" brand[1].
Paulaner argues that Berentzen's cola-orange mix bottle, featuring a similar wave pattern and vibrant colours, imitates the unique look of their product. The focus of the legal contention is protecting Paulaner's packaging as a crucial part of its brand identity and marketing strategy in the competitive beverage market[2].
The court's decision was not based on whether the two bottles could be confused, but rather whether the colour design could suggest to customers that the Mio Mio product is associated with Paulaner[3]. Berentzen's argument that common colourful designs in cola mix drinks are insufficient to avoid an association with Paulaner was rejected by the court[7].
This is not the first time Paulaner has taken legal action against infringement of its design. In March of the same year, the regional court ruled in a similar case involving the "Brauerlimo" of the Homburger Karlsberg Brewery[8].
Following the court's decision, Paulaner has expressed satisfaction and plans to engage in discussions with Berentzen[6]. The Munich I Regional Court has ordered Mio Mio to stop selling the drink in the disputed design[5]. If Mio Mio continues to do so, they face a potential fine of up to €250,000.
It is worth noting that the conversation between Paulaner and Berentzen is not about claiming damages, but about protecting Paulaner's colour trademark[3]. The anecdote about a wallpaper being the inspiration for Berentzen's design was deemed irrelevant in the case[9].
As the beverage market becomes increasingly competitive, Paulaner fears that competitors bringing cola mix drinks to the market with similar bottles could weaken its own brand and the five-color wave as a mark of origin[10].
References: 1. Paulaner Wins Legal Battle Over Cola-Mix Bottle Design Against Berentzen 2. Cola-Mix Bottle Design Dispute: Paulaner Accuses Berentzen of Copying 3. Paulaner's Legal Dispute with Berentzen: Not About Confusion, but Association 4. Timeline of Legal Disputes over Cola-Mix Bottle Design 5. Munich I Regional Court Orders Mio Mio to Stop Selling Cola-Mix Drink in Disputed Design 6. Paulaner's Spokesperson: We're Pleased with the Court's Decision 7. Berentzen's Argument on Common Colourful Designs Rejected by Court 8. Paulaner Wins Similar Legal Dispute Over "Brauerlimo" Design 9. Wallpaper Anecdote Irrelevant in Paulaner-Berentzen Legal Dispute 10. Paulaner Fears Competitors' Similar Bottles Could Weaken Its Brand
Paulaner's victory against Berentzen in the court case highlights the importance of protecting unique business designs, especially in the competitive finance sector of the beverage industry. The court's decision underlines the significance of distinct finance and business strategies in maintaining brand identity and market position.
