German court to rule on cola-mix bottle design dispute

A German court is expected to rule on Tuesday afternoon in a trademark dispute between Munich-based brewery Paulaner and spirits maker Berentzen over the design of a cola-orange soda bottle.

Paulaner, one of Germany’s leading beer producers and owner of the popular “Spezi” cola-orange-mix brand, has accused Berentzen of copying the colorful wave design used on its bottles. The company claims the design of Berentzen’s Mio Mio Cola+Orange soft drink too closely resembles its own, potentially misleading consumers.

The case, which carries a potential value of €250,000 ($289,000), centres on Paulaner’s registered trademark of the wavy design in yellow, orange, red, pink, and purple, which it says Berentzen’s bottle design infringes.

Paulaner argues that such visual elements have become part of its brand identity and are protected under trademark law.

Berentzen, better known for its fruit-flavoured spirits has pushed back, arguing that colourful packaging is common among soft drinks and that its design uses circular shapes, not waves.

Berentzen also argued it was far-fetched to assume that consumers would associate Mio Mio with Paulaner just because of colours and shapes.

The court ruling comes as Paulaner steps up efforts to defend its Spezi branding. In March, it won a similar case against another beverage maker.