Wallpaper vs. wave: Paulaner sues Berentzen-How similar can Spezi look?

Play of colors in court: Cola mix becomes a matter of taste - in design

A drinks dispute that can only happen in Germany: In the courtroom in Munich, four bottles of cola mix take center stage - two from Paulaner, two from Berentzen. The accusation: Berentzen's Mio Mio Cola+Orange mix looks too similar to Paulaner's Spezi bottle. It's all about waves, circles and orange tones. Sounds harmless, but it's serious - the amount in dispute is 250,000 euros.

At the end of the hearing, the Munich I Regional Court was undecided. "It could go either way," said presiding judge Vincent Mayr. The verdict is expected on August 5 - until then, it remains unclear whether Paulaner will prevail with its design lawsuit or Berentzen will get the last word with its wallpaper story.

Circles, waves and cola with history

What happened? Paulaner has had the curved wave design of its Spezi bottle protected. Now the company claims: Berentzen's bottle design comes amazingly close, both in shape and color. Curved patterns and orange tones can also be found on the labels of the Mio Mio mix - too similar, says Paulaner.

Berentzen, on the other hand, counters: these are circles, not waves. And what's more, bright colors are customary for cola mix drinks in the industry. Incidentally, the idea for the label came from a wallpaper in the marketing manager's student flat share room - which the court at least took note of, but did not take particularly seriously.

Paulaner's lawyer maintained that wallpaper is not a trademark right. And a bottle design is not simply "beautifully colorful", but can certainly be considered an indication of origin - especially if customers associate Spezi with certain colors or patterns.

Can the look of a drink really be protected?

The legal question is tricky: when is a design "confusingly similar"? It depends on whether the average consumer on the supermarket shelf confuses the products with each other or at least believes that they come from the same company. And this is quite conceivable for beverages with a similar target group and color.

In fact, Paulaner was already successful with this argument in March - in a similar case against the Karlsberg brewery from Homburg. That case also involved Cola-Mix and similar colors. The Munich court deemed the design of the labels to be a brand feature with recognition value.

Taste is not wallpaper

Let's be honest: when a wallpaper has to serve as a defense against a trademark lawsuit, things start to get creative. Sure - colors and designs are not exclusive rights. But if you orient yourself too closely to the market leader, you shouldn't be surprised if you end up in court.

The case is not just a design dispute, but a prime example of the battle for attention on supermarket shelves. In a world in which products are evaluated visually within seconds, every wave, every color becomes a brand message. Anyone who plays along should know this: Being original protects better than talking your way out of it. Especially when the only alibi is hanging on the wall.