On August 5, 2025, Munich Regional Court I delivered a significant ruling in favour of Germany’s Paulaner Brewery Group in a trademark dispute, highlighting the intense competitive landscape in the European beverage market. The case (Case No. 33 O 14496/24) centred on “Spezi” – a German cola-beer mix drink that has become a cultural icon.
What is Spezi and Why Does It Matter?
For international readers unfamiliar with this quintessentially German beverage, “Spezi” is a refreshing mix of cola and orange soda (similar to Coca-Cola’s Mezzo Mix) that has been popular in Germany and Austria since the 1950s. Think of it as the European equivalent of a craft cola with a citrus twist – a drink that bridges the gap between soft drinks and Germany’s rich brewing tradition.
The legal battle was not about the drink recipe itself, but rather the visual identity that makes Spezi instantly recognisable to German consumers.
The Trademark Dispute: Design Rights and Brand Protection
Paulaner Brewery Group holds both design rights for its Spezi bottle and a registered colour trademark under German trademark law (Section 3 Abs. 1 MarkenG) that protects its distinctive five-wave pattern and specific colour scheme. This intellectual property protection—particularly colour trademarks—represents a crucial tool for brand protection in competitive markets.
The conflict arose when competitor Berentzen launched their “Mio Mio” cola-mix beverage with label designs that Paulaner claimed constituted trademark infringement. Paulaner argued that this created consumer confusion and could lead to trademark dilution – essentially weakening their brand’s distinctive power in the marketplace.
- The key legal question: Could average consumers mistake Berentzen’s Mio Mio product for a Paulaner product based on visual similarity alone?
Court Decision: Design Rights Override Creative Arguments
Munich Regional Court I’s 33rd Civil Chamber ruled in favour of Paulaner, finding that the similarity between the designs was sufficient to constitute infringement. This ruling demonstrates the strength of registered trademark rights in German law, even when defendants present creative justifications.
Berentzen had presented evidence that their Mio Mio label was inspired by wallpaper from their marketing director’s former student accommodation, arguing that colourful labelling is standard practice in the cola-mix category. However, these arguments could not overcome established legal precedent: prior registered rights typically override later creative works, regardless of independent creation.
The court determined that the visual similarity was sufficient to cause consumer confusion, granting Paulaner the judgment.
Legal Consequences: Enforcement and Remedies
The judgment carries serious financial and operational consequences for Berentzen:
- Immediate sales ban: Berentzen must stop selling Mio Mio products with the disputed label design
- Inventory destruction: All existing stock with the problematic labelling must be destroyed
- Damages payment: Berentzen must compensate Paulaner for losses
- Future penalties: Violations of the court order could result in fines up to €250,000 ($275,000)
However, Paulaner has indicated through a spokesperson that its primary goal is brand protection rather than financial compensation, suggesting it may take a measured approach to enforcement while seeking dialogue with Berentzen.
Strategic Brand Protection: Paulaner’s Intellectual Property Portfolio
This judgment represents Paulaner’s third successful trademark enforcement action regarding their Spezi brand, demonstrating a comprehensive intellectual property strategy:
Previous Enforcement Actions
March 2025: Paulaner successfully challenged Karlsberg’s “Brauerlimo” product on similar trademark grounds (Case No. 33 O 14937/23).
October 2022: Paulaner defended against Augsburg-based Riegele Brewery, which has held the trademark “Spezi” since 1956. Paulaner had secured a coexistence agreement in 1974 for 10,000 German marks, allowing use of the “Spezi” name. When Riegele later sought ongoing licence fees, Munich courts upheld the original 1974 agreement as valid (Case No. 33 O 10784/21).
Implications for International Brand Protection
This German trademark case provides several key insights for global businesses:
- Colour trademarks provide substantial protection: In jurisdictions that recognise them, colour combinations and design elements can offer robust legal remedies
- Independent creation is not always a defense: Prior trademark rights can override claims of independent creative development
- Comprehensive IP portfolios are essential: Paulaner’s success stems from multiple layers of protection (design rights, colour marks, coexistence agreements)
- Consistent enforcement maintains trademark strength: Regular legal action prevents trademark dilution and deters potential infringers
Industry Impact and Future Enforcement
Given the similar colour schemes employed by other major brands in the cola-mix category, beverage companies will monitor whether Paulaner pursues additional enforcement actions. This ruling may influence label design strategies across competitive beverage markets throughout the European Union.
The case underscores the continuing significance of traditional intellectual property rights in contemporary commerce. Visual brand elements remain among the most valuable product recognition assets in competitive retail environments.
