The beer war continues: Paulaner wins - but it remains exciting!
It sounds like the start of a classic dispute between major Trademarks - and yet it's not about advertising or taste, but about the design of drinks cans. Paulaner, the Munich beer giant, recently won a victory before the Munich Regional Court. In a bitter legal dispute over the design of the popular Spezi bottle, the brewery prevailed against Karlsberg. What happened? A look at the case and what else awaits us.
Design as a trademark: Why colors mean more than just looks
The dispute, which dragged on for months, revolved around a trademarked design by Paulaner - the so-called "five-color wave". What looks like a harmless can design at first glance turned out to be a legal nightmare for Karlsberg. The company had used a similar color scheme, but Karlsberg's colors ran vertically instead of horizontally, as Paulaner's did. The court was of the opinion that there was a significant risk of confusion and prohibited the Saarland brewery from using the design.
Why is this so important? The design of a product, especially in the case of popular Trademarks such as Paulaner, is not just a visual feature, but a trademark. It is quickly associated with the origin of the product. When we consume a cola with colorful waves, we automatically think of a well-known trademark - in this case, Paulaner. This was also the reason why the court did not accept Karlsberg's defense that it was only a "common design".
The next trial: the spat over the Spezi design continues
And while the trial against Karlsberg is not yet legally binding, the next case is already waiting in the wings. On July 8, 2025, the Munich Regional Court will hear the case again - this time concerning the design of Berentzen's "Mio Mio Cola-Orange". The dispute is reminiscent of similar cases in the past in which Trademarks fought for the right to protect their designs. Will Berentzen also lose out?
However, Paulaner itself has already been at the center of a similar legal dispute. In 2022, the Riegele brewery from Augsburg tried to claim the rights to the name "Spezi". Riegele had registered the name in 1956, but Paulaner was able to continue using the name - a decision that went in Paulaner's favor at Munich Regional Court I.
Trademark law as a constant companion in the beverage industry
These cases impressively demonstrate how important the topic of trademark law has become in the beverage industry. It's not just about taste and quality, but also about maintaining a clear brand identity. Companies invest millions to differentiate their products from the competition, and every little detail - be it a design, a name or a logo - can make the difference. The race for the best designs and the right brand identity is a competition where every little thing counts.
Trademark law or power play? Why design disputes are more than just an aesthetic competition
And here comes the exciting point - for all those who still believe in innocence and fairness in trademark law: these disputes are not just a battle for design, but also for market dominance. Whoever controls the colors and names also controls consumer awareness. In a world where consumer blindness and quick purchasing decisions prevail, trademark law is increasingly becoming an invisible but decisive game on the market. Who really wins in the end? This is not only a question of aesthetics - but also of power.
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