Overview

• Paulaner sued Berentzen for infringing its registered Fünf-Farben-Welle wave design on the Mio Mio Cola+Orange Mische bottle.
• Judges inspected four bottles in courtroom 301 to assess similarities in wave motifs, circular graphics, and color palettes.
• Paulaner’s counsel contended that its wave pattern functions as a distinctive origin marker and that shared colors risk misleading consumers.
• Berentzen argued its design pays tribute to a 1970s Berlin wallpaper, features circles instead of waves, and reflects common cola-mix packaging trends.
• The case, valued at €250,000, will set a precedent for design protections after Paulaner’s recent legal victories against Karlsberg and in a 2022 naming dispute.