Criminal Court of Initial Jurisdiction
The dispute between the German beverage companies Paulaner and Berentzen, known for their respective drinks, has escalated once again. The bone of contention this time is the design of their cola-mix bottles, with Paulaner accusing Berentzen of trademark infringement due to potential consumer confusion.
In the initial court case, Paulaner based its lawsuit on the protection of its color trademark. The company argued that not taking action against similarly designed products could weaken its trademark rights. However, the wallpaper anecdote, which Berentzen used to claim inspiration for its bottle design, did not significantly influence the first court's decision.
Berentzen, on the other hand, emphasized that their bottle was inspired by a wallpaper in the former student room of their current marketing chief. Unfortunately, this did not sway the court. The company's CEO, Oliver Schwegmann, has since criticized the ruling as being "out of touch with reality" on LinkedIn. His criticism has been echoed by "very experienced lawyers and experts in trademark law."
Last week, the Munich Regional Court banned Berentzen's design for Mio Mio Cola+Orange mix. Berentzen has since appealed the ruling in the Munich Higher Regional Court, and the appeal was confirmed as received. The court ordered a ban on the sale of bottles in the affected design, a fine of up to €250,000, damages, and the destruction of all produced bottles in Berentzen's possession.
Seeking damages was not the main goal in Paulaner's initial lawsuit. The court's decision was not based on potential consumer confusion but on the suggestion of association with Paulaner's Spezi. Berentzen failed to argue that colorful designs are common in Cola-Mix drinks in the first instance.
The next court instance will decide whether the wallpaper anecdote will have any impact on the case. Schwegmann points out that similar color schemes are common in various product categories, such as red chip packets and brown and blue chocolate cereal packs.
This ongoing legal battle underscores the court's recognition of the importance of protecting distinctive packaging to prevent consumer confusion in the competitive European beverage market. The final outcome of the appeal remains to be seen.
[1] "Paulaner vs. Berentzen: The Trademark Dispute Over Cola-Mix Bottles." BeverageDaily.com. 2025. [Online]. Available: https://www.beveragedaily.com/Article/2025/08/06/Paulaner-vs-Berentzen-The-trademark-dispute-over-cola-mix-bottles
[2] "Paulaner Wins Trademark Case Against Berentzen." FoodBevMedia.com. 2025. [Online]. Available: https://www.foodbevmedia.com/articles/news/legal/paulaner-wins-trademark-case-against-berentzen
[3] "Berentzen Appeals Paulaner Trademark Ruling." LegalBusinessWorld.com. 2025. [Online]. Available: https://www.legalbusinessworld.com/articles/news/berentzen-appeals-paulaner-trademark-ruling
In the business world, Paulaner's victory in the trademark dispute against Berentzen over cola-mix bottle designs highlights the importance of protecting distinctive packaging in the competitive European beverage market. This legal battle, now in the appeals stage, also underscores the court's recognition of the significance of preventing consumer confusion, as finance and marketing strategies play a crucial role in maintaining a company's brand identity.
