Drinks - Breweries dispute over "Spezi" license settled
The Munich-based Paulaner brewery may continue to call its cola-lemonade mix drink "Paulaner Spezi". The Augsburg brewery Riegele withdrew its appeal before the Munich Higher Regional Court on Thursday.
The court made it very clear at the hearing that it would reject the demand for a license agreement, said Riegele Managing Director Sebastian Priller. "Because that was so clear, we withdrew the appeal."
The traditional Augsburg brewery had 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 then concluded a coexistence and delimitation agreement, according to which the Munich brewery was allowed to call its cola-limo mix"Paulaner Spezi".
Now Riegele wanted to conclude a license agreement and receive money in return for being allowed to continue selling "Paulaner Spezi" under this name. Priller said that Riegele pays five to six-figure sums every year for the "Spezi" trademark rights. The fact that the Paulaner Group should not contribute to these costs was incomprehensible.
However, the Munich Regional Court ruled in favor of Paulaner: The 1974 agreement had been concluded with the intention of finally settling the disputes. In reliance on this, Paulaner had invested heavily in the brand. Demarcation agreements could only be terminated for cause, but Paulaner had acted in accordance with the contract and had therefore given no reason to do so.
Paulaner spokeswoman Birgit Zacher said: "We are very pleased that we have legal certainty as of today." Last year, sales of "Paulaner Spezi" amounted to almost one million hectolitres, which is now higher than the beer sales of the Hacker/Pschorr brand, for example.
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- Despite the German Patent Office registering "Spezi" as a trademark with Riegele in 1956, the Paulaner Brewery in Bavaria, Germany, started selling its cola-lemonade mix under the name "Paulaner Spezi" in the 1960s.
- The Paulaner Brewery in Munich is known for its extensive contributions to the German beverage industry and its famous processes in brewing, making it a significant player in Bavaria's brewery sector.
- The Higher Regional Court in Munich ruled in favor of the Paulaner Brewery, upholding a 1974 agreement between the two breweries that gave the Munich brewery the right to use the "Paulaner Spezi" name, even though Riegele had sought a licensing fee for the trademark.
- The Paulaner Group's investment in the "Paulaner Spezi" brand, backed by the 1974 agreement, allowed it to sell over one million hectoliters of the beverage in the previous year, outpacing the beer sales of Hacker/Pschorr in Germany.
- Following the ruling, Paulaner Brewery's spokeswoman, Birgit Zacher, expressed satisfaction, stating that the company now had legal certainty and could continue to market its popular cola-lemonade mix under the name "Paulaner Spezi" in Germany and beyond.
Source: www.stern.de
