“Bright colors, retro vibes and an unmistakable taste!” – This is how the Paulaner Brewery Group advertises its drink Spezi. With the bright colors advertised, however, it not only wants to promote “unmistakable enjoyment”, but also enforce trademark protection.
Lawsuit against Karlsberg: Color design as a point of contention
The logo of the lemonade – the so-called “five-color wave” – was trademarked by the brewery several years ago. In the past, the Munich-based brewery has frequently taken legal action against beverage manufacturers, most recently against its Saarland competitor, Karlsberg Brauerei. The latter launched a new lemonade on the market and Paulaner saw a risk of confusion in the design of the Karlsberg lemonade: the packaging of the drink contains five colors in the wave design, just like the packaging of Paulaner Spezi. The Karlsberg brewery objected that lemonades often have a colorful design and that it was merely a decorative background and not an indication of origin.
Court: Choice of color can be an indication of origin
The Civil Chamber of the Munich Regional Court was not convinced (judgment of 25.03.2025, Ref.: 33 O 14937/23). It ruled in favor of the plaintiff and prohibited the Karlsberg brewery from using the colorful presentation of its lemonade. The judges were convinced that the presentation of the Karlsberg lemonade not only showed a decorative background, but also contained an indication of origin.
The use indicating origin can result from various circumstances: Unusual coloring, size, position and many more. It is important that the public is either used to colors being used as an indication of origin in the product area in question or that the color in the challenged design is so conspicuous that it is perceived by the public as a means of identification. The court affirmed this in the present case: The color design of the Karlsberg lemonade takes up a large part of the product packaging. The design is used on the entire label and does not merely underline the defendant’s other trademarks.
