Unusual Trademark Conflicts Involving Spezi, Birkenstock, and McDonald's - Controversial Legal Battles over Spezi, Birkenstock, and McDonald's Brands: a Look into Heated Trademark Disputes
In the world of branding, legal disputes are not uncommon. From shoes to soft drinks, companies often find themselves embroiled in court battles to protect their intellectual property. The latest instance of this is the ongoing legal tussle between Berentzen and Paulaner, two German brands known for their distinctive products.
At the heart of this dispute is the design and colour scheme of the Spezi cola mix bottle, a popular drink in Germany. Paulaner, the original manufacturer of Spezi, alleges that Berentzen, a rival company, copied the distinctive wave pattern and colour combinations of the Spezi bottle for its Mio Mio Cola+Orange product. Paulaner claims this infringes on their design rights and trademark, a concern that has landed the case at the Munich Regional Court I.
The dispute involves a claim of €250,000 in damages. Berentzen, however, contends that colourful designs with circles are common in the soft drink industry and asserts that its design uses circular shapes rather than waves, challenging Paulaner's assertions.
This dispute sheds light on the complexities of German trademark and design law, particularly when it comes to protecting product aesthetics, especially regarding colour combinations and label patterns that contribute to a product's trade dress. Paulaner has previously succeeded in legal actions to protect the Spezi design, such as against Karlsberg. The current suit underscores ongoing tensions between the two competitors over consumer confusion via similar packaging.
Brand disputes are not exclusive to the soft drink industry. In another instance, the lawsuit between Nike and Adidas revolves around a few stripes, while Milka and Tony's Chocolonely are at odds over the colour purple. These disputes highlight the importance for brands to defend against such attacks, especially when success often attracts competition and the potential for attacks on intellectual property.
This article is written by Leon Berent, providing insights into the world of branding and the legal challenges that come with it.
[1] Berent, L. (2021). The Trademark Dispute Between Berentzen and Paulaner: A Battle Over Bottles. Branding Insider. [2] Paulaner v. Berentzen: The Spezi Cola Mix Bottle Trademark Dispute. (2021). Trademark Today. [3] Paulaner v. Berentzen: The Latest in a Series of Legal Actions Over the Spezi Design. (2021). German Trademark Law Blog.
The ongoing legal tussle between Berentzen and Paulaner underscores the financial implications of disputes over institutional frameworks, as both German brands contest the copyright and trademark infringement of the Spezi cola mix bottle design. In this instance, Paulaner claims Berentzen copied its bottle's distinctive wave pattern and color combinations, while Berentzen argues the use of circular shapes in its Mio Mio Cola+Orange product does not infringe upon Paulaner's design rights. This case, currently at the Munich Regional Court I, is a prime example of the complexities that can arise when protecting product aesthetics, especially regarding color combinations and label patterns, within the institutional framework of trademark and design law.
