The Munich-based Paulaner Brewery has already successfully taken action against the Saarland-based Karlsberg Brewery on the basis of its trademark-protected “five-color wave”, which is used to label a cola mix drink called “Paulaner Spezi” (LG Munich I, judgment of March 25, 2025, ref. 33 O 14937/23).

Trademark-protected “five-color wave” of the Paulaner brewery (see, for example, EU trademark 018282231)

Now, in another trademark dispute against the Emsland-based company Berentzen, the Regional Court of Munich I has also ruled in favor of the Paulaner brewery (judgment of August 5, 2025, Ref. 33 O 14496/24).

The Paulaner brewery argued that the label design of the product “MioMio – Cola + Orange” created a likelihood of confusion with the color trademark registered by the Paulaner brewery and shown above.

Comparison of the product packaging of the cola mix drinks “Spezi” and “MioMio – Cola + Orange”

This view has now been confirmed by the Regional Court of Munich I, according to which the Paulaner Brewery was able to obtain an injunction against Berentzen with regard to the further use of the label design shown above.