Somehow they are now trying to get together, the Münchner Kindl GmbH and the Stiftl GmbH. But will that work? The two companies are arguing in court about the use of the so-called “Schützenlisl” for their advertising. The Münchner Kindl GmbH, which wants to revive the tradition of the former brewery of the same name, plans to market its beer with the name and image of the “Schützenlisl” from 2024.
However, Stiftl GmbH, which operates the Alte Hackerhaus on Sendlinger Strasse and is represented at the Oktoberfest with the “Zum Stiftl” marquee, already registered “Schützenlisl” as a so-called word and figurative mark with the German Patent and Trademark Office in 2015.
The picture of the “Schützenlisl” was created in 1881. It was created by Friedrich August von Kaulbach, a nephew of the famous court painter. Coletta Möritz, a waitress in Munich who was born into a poor family in 1860, served as a model for his “Schützenlisl”. In his painting she can be seen as a friendly, smiling beer girl, wearing a rifle disc instead of a hat, dancing on a beer barrel with waving pigtails and holding nine foaming liters in her hands. The picture was a hit at the time.
On Thursday, the judges of the 6th civil senate at the Munich Higher Regional Court dealt with the question of whether the Münchner Kindl GmbH could advertise with the picture of Coletta Möritz and the name “Schützenlisl” or if the Stiftl GmbH. The company already wanted to operate a marquee at the Oidn Wiesn in 2016 with the name and picture of the smart waitress.
A postcard of Friedrich August von Kaulbach’s picture of the Schützenlisl.
(Photo: Johannes Simon)
However, the plan was implemented for the first time this year. Prior to this, Stiftl GmbH was unsuccessful in obtaining approval four times. And then came the corona pandemic. Nothing came of the use of the “Schützenlisl” word mark and logo at the Oidn Wiesn. The Münchner Kindl GmbH therefore applied to the patent office for cancellation of the word and figurative mark “Schützenlisl”. Much to the displeasure of Stiftl GmbH, which of course did not agree to handing over their brands to someone else so easily.
The judges let it be known that they see things differently
In the first instance before the District Court of Munich I, the Munich Kindl GmbH had argued that the Stiftl GmbH had simply failed to use the designation “Schützenlisl” and the picture of Coletta Möritz within the legally required period of five years without interruption. As a result, Stiftl’s rights to use both brands have expired. The judges at the Munich I Regional Court agreed with this argument. They also did not accept the corona pandemic as a reason for “non-use” of the word and figurative mark.
However, the judges of the 6th Senate at the Higher Regional Court indicated on Thursday that they see things differently. The corona pandemic marks a turning point, said the presiding judge. You made it impossible for Stiftl GmbH to design a concept for a marquee operation at the Oidn Wiesn and to use the acquired word and figurative mark. This assessment allowed Lorenz Stiftl and his lawyer to breathe a sigh of relief. Because that way he could continue his “Volkssängerzelt Schützenlisl” with which he was represented at the Oidn Wiesn this year.
Nonetheless, the presiding judge suggested that both parties should seek ways of coexisting before issuing a verdict. The manager of the Munich Kindl GmbH, Leo Sailer, was open. He suggested that the brewery drop the name “Schützenlisl” and instead only advertise their beer with the image of Coletta Möritz. Lorenz Stiftl also seems to be interested in an agreement. After the hearing, he announced that he was trying to find a reasonable solution for the brand to coexist with the Sailer family. If no agreement is reached, the Higher Regional Court will announce a verdict on December 15.