Overview

• An oral hearing on July 8 saw the court scrutinize four bottles of Paulaner’s Spezi and Berentzen’s Mio Mio Cola+Orange products
• Paulaner argues that Berentzen’s wave-like label design infringes on its registered Spezi bottle motif
• Berentzen maintains its circular, multicolored design is common among cola-mix drinks and derived from a wallpaper pattern
• The court observed that some colors on the two bottles are indistinguishable to the naked eye, though not perfectly identical
• The €250,000 dispute follows Paulaner’s recent Spezi packaging victories against Karlsberg in March and a 2022 case with Riegele