Paulaner wins in the design dispute: Karlsberg has to change bottle!

Paulaner wins in the design dispute: Karlsberg has to change bottle!

München, Deutschland - Paulaner won a significant victory in the dispute over the Karlsberg brewery in the dispute over the Karlsberg brewery. The court decided that the Karlsberg brewery can no longer use its existing color product presentation. The background of this argument lies in the brand law security of the design, which is known as a "five-color wave" and was protected by Paulaner. The court saw a supposed risk of confusion due to the similarity between the designs of both breweries.

A five -color -comprehensive shaft design is also used at the Karlsberg brewery, but the colors are vertically right, while they are arranged horizontally at Paulaner. Karlsberg argued that many lemonades have a colorful presentation and that there are significant differences between the two designs. Nevertheless, the court decided that the color design was perceived as a clear indication of origin by the consumers and thus gave Paulaner's complaint. The Karlsberg brewery now has to deal with the new conditions.

consequences of the judgment and other legal disputes

This judgment is not the only one with which Paulaner is confronted. Another legal dispute runs against Berentzen because of the look of Mio Mio Mio Cola-Orange. The negotiation date for this has already been set before the district court for July 8th. So Paulaner is in a constant judiciary for the protection of their designs and brands, which underlines the importance of design in competition law.

designs such as the "five-color wave" are protected by design law, which secures the aesthetic formal creation of a product. This not only includes food packaging, but also numerous other products such as furniture or machines. The registered design protection offers the owners a limited monopoly of up to 25 years, whereby the report and the protection of designs are subject to strict procedural rules, as is explained on btl-lecht.de

The court has made it clear that it is important in the industry that the designs are visualized and legally secured in order to avoid confusion and to save consumers health risks. This is how the court sees the color design as a decisive factor for brand value.

In recent years, Paulaner has already managed similar disputes with the smaller brewery Riegele from Augsburg. Riegele, which had "special" entered in 1956 as a trademark, made a lawsuit against Paulaner in 2022 due to an alleged violation of the trademark. However, the court dismissed the claims from Riegele, which paved the way for Paulaner.

Finally, it can be stated that the consolidation of design rights in the beverage industry continues to play a critical role, while companies are fighting for their brand identity. The decision of the Munich Regional Court is clear proof of the need to optimally protect your own designs.