Processes
New dispute over “Spezi” – Paulaner is suing Berentzen
There is a new “Spezi” dispute in court. The central question: Did Berentzen draw inspiration from Paulaner – or from wallpaper?
The Paulaner Brewery Group has sued the Emsland drinks manufacturer Berentzen. The background is a dispute over the design of the Berentzen product “Mio Mio Cola+Orange Mix”, as confirmed by the Munich I Regional Court, where the lawsuit has been pending since November 21, 2024 (Az: 33 O 14496/24). Bayerischer Rundfunk had previously reported on the legal dispute. According to the court, Paulaner justifies the lawsuit by saying that the Mio-Mio drink is too similar to the design of Paulaner’s “Spezi” drink and is said to have “a color scheme that is very similar to the plaintiff’s color combination.” There is no trial date yet.
Berentzen design inspired by “our marketing boss’s wallpaper”
At Berentzen (best known for spirits like “Apfelkorn”) in Haselünne, “of course you don’t see it that way at all,” as company spokesman Thorsten Schmitt told the German Press Agency. The design of the drink in question has nothing to do with the Paulaner-Spezi from Munich. “It’s based on the wallpaper our marketing boss had in his student apartment years ago.” It makes sense that people would choose orange and brown as the colors for a drink that consists of Cola and an orange soda. Berentzen still has until February 7th to respond to the lawsuit, said a spokeswoman for the Munich I Regional Court. “We are of course requesting that the lawsuit be dismissed,” emphasized Schmitt.
Not the first spec dispute in court
This is not the first dispute over Paulaner’s special drink to concern a court. In 2022, however, Paulaner himself was a defendant. At that time the decision was made in favor of the large brewery group. She can continue to call her mixed cola drink “Spezi” – even if the smaller Riegele brewery from Augsburg wanted to prohibit this.
The traditional Augsburg brewery registered “Spezi” as a trademark with the German Patent Office in 1956. The competition from Munich came onto the market in the 1960s. In 1974, the two breweries concluded a coexistence and demarcation agreement, according to which the people of Munich were allowed to call their cola-soda mix “Paulaner Spezi”.
But then Riegele wanted to sign a licensing agreement and get money so that “Paulaner Spezi” could continue to be sold under this name. The Munich I Regional Court, which was also involved in the case, dismissed the lawsuit.
dpa
Source: Stern
