Berentzen challenges Spezi's judgment in court - Court of Initial Jurisdiction
Berentzen, a notable German beverage company, has appealed the Munich Regional Court's ruling that banned the sale of its Mio Mio Cola+Orange bottles due to their similarity to Paulaner's Spezi design. The Higher Regional Court in Munich has confirmed receipt of Berentzen's appeal as of August 11, 2025.
The original court decision, made last week, stated that the Mio Mio Cola-Mix bottles were too similar to the protected design of Paulaner's Spezi. However, Berentzen disputes this ruling, with CEO Oliver Schwegmann criticizing it as "out of touch with reality."
Schwegmann emphasizes that similar color designs are common in many product categories, citing examples like red chip packets and brown and blue chocolate cereal packets. He believes the real world is different from the court's interpretation.
Berentzen failed to argue that colorful designs are common in Cola-Mix drinks in the first instance. The company, however, asserts that its bottle was inspired not by Paulaner, but by a similarly designed wallpaper in the former student room of today's marketing chief.
Paulaner Brewery based its lawsuit on the protection of its color trademark, and damages were not the main focus of their lawsuit. The court prohibited the sale of bottles in the affected design and threatened a fine of up to a quarter of a million euros if Berentzen does not comply with the sales prohibition.
The Spezi dispute between Paulaner and Berentzen is ongoing, and it remains to be seen how the next instance will view Berentzen's anecdote. Meanwhile, the appeal means the ruling is not yet enforceable, and Mio Mio would have to pay damages and destroy all produced bottles in its possession if the appeal is unsuccessful.
In light of the ongoing legal dispute, Berentzen has appealed for a reconsideration of the Munich Regional Court's ruling, hoping to secure aid for the development of their less favored regions by overcoming this business challenge. Schwegmann expressed that the finance to remedy this issue will be crucial for the continued progress of their company in the future.
