Procedure under Article 10 (2) of Regulation (EC) No 1049/2006 has been set in motion by the Commission.
In a recent ruling by the Munich Regional Court, Paulaner has been victorious in a trademark dispute against Berentzen over the design of their cola mix bottles. The case centres around the distinctive wave pattern on Paulaner's "Spezi" cola-mix bottles, which Paulaner claims Berentzen has copied in their Mio Mio Cola+Orange bottle.
Berentzen, however, defends itself by asserting that colorful circular shapes are common in the soft drink industry, and their bottle features circles, not waves. The dispute, involving approximately €250,000, was heard by the Munich Regional Court and resulted in a favorable ruling for Paulaner against Berentzen.
This dispute is part of a broader concern in German trademark law about design rights and trademark protection related to bottle aesthetics in the beverages sector. Paulaner fears that competitors bringing cola mix beverages to the market with bottles similar to its own would undermine its own legal position and prevent it from defending itself against optically similar products.
Berentzen, known primarily for spirits like "apfelkorn," argues that colorful designs are common in cola mix beverages. Paulaner, on the other hand, argues that colors or color combinations become a trademark if they are understood by the customer as an indication of origin.
It is worth noting that the wallpaper, which is said to have inspired the design of Mio Mio Cola+Orange mix bottle, did not play a role in the legal dispute. The court considered the color design to be an indication of origin at the time.
This is not the first time Paulaner has been involved in such a dispute. In 2022, Paulaner itself was the defendant in another Spezi dispute. Meanwhile, Paulaner has registered the wave design of its bottle in the colors yellow, orange, red, pink, and purple. Paulaner argues that the Berentzen mix also has a curved design on its label and that the colors on the Mio-Mio bottle are sometimes indistinguishable to the naked eye.
The outcome of this case could have significant implications for the beverage industry, as it sheds light on the extent to which bottle designs can be protected by trademark laws. Both Paulaner and Berentzen will likely continue to monitor similar cases closely to safeguard their respective interests.
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Social-media discussions might escalate as both Paulaner and Berentzen employ different strategies for entertainment purposes, each taking a stand in the trademark dispute over their respective cola mix bottle designs. Amidst the legal battle, unique bottle aesthetics in the beverages sector continue to gain attention under the scrutiny of German trademark law.
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