The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise
Gold - Individuals
Lubberger Lehment is a firm with a “sound reputation”, particularly when it comes to matters at the intersection of trademark and antitrust law; it also has an affinity for the unique dynamics of the perfume industry. When infringement is afoot, the group devises creative, efficient and enduring solutions for clients, infused with additional insight on everything from design law to selective distribution systems, IP-related transactions and data protection law. The twin figureheads are Andreas Lubberger and Cornelis Lehment, both of whom are redoubtable trademark and unfair competition litigators. Lubberger’s counsel on the selective distribution of luxury goods and brand management strategy is particularly highly prized; while Lehment is an authority on parallel imports and the imitation of high-end cosmetics. Rounding out the team are Benjamin Koch – who also advises on IP-related M&A, carve-outs and joint ventures as part of his vibrant practice – and Martin Fiebig, who relishes the challenge of taking down infringers at the highest level and combating online counterfeiting.
Andreas Lubberger studied law at the University of Frankfurt, staying on for some years as an assistant lecturer and receiving his doctorate summa cum laude on the constitutional protection of property.
After his admission to the Bar in 1989, Dr Lubberger headed the Frankfurt IP team of Oppenhoff, which later merged with Linklaters. In 2004 Dr Lubberger left Linklaters to found Berlin boutique Lubberger Lehment with Cornelis Lehment, handling unfair competition and trademark law. Their goal to become one of the leading trademark practices in Germany was achieved in 2009 when Lubberger Lehment was named IP Firm of the Year by JUVE magazine.
Dr Lubberger is renowned for his academic achievements and boasts a 20-year track record of landmark litigation in trademark law. He has authored many articles and is an active contributor to the publications of professional organisations, being a member of the Amicus Curiae Committee of INTA, a member (and founder) of the Famous and Well-known Marks Team of MARQUES, co-head of the Unfair Competition and Trademark Working Group of the German Association for the Protection of Intellectual Property, member of the Selective Distribution Working Group of the German Trademark Association and head of the Legal Team of Meisterkreis.
In recent years Dr Lubberger has developed a particular focus on trademark exhaustion, selective distribution and online platform liability. He handled the successful Coty case before the Court of Justice of the European Union (C-230/16), a landmark decision for operators of selective distribution systems.
Lubberger Lehment was founded in 2004 by Andreas Lubberger and Cornelis Lehment as a Linklaters spin-off. From its inception, the firm was designed as a boutique firm for soft intellectual property aiming to operate at the top of the market. Driven by their experience in full-service firms, the founding partners laid down six basic rules that have proved to be key to the firm’s success and still determine its culture:
- Maintain internal lockstep to ensure that each case is dealt with by the most specialised person;
- Only represent rights holders and work for the ‘right’ side;
- Represent no traders to avoid conflicts of interest;
- Strive for excellence;
- Offer reasonable fees; and
- Have an in-house approach to clients – that is, give clear advice instead of teaching legal lessons.
Over the years the firm has grown from the initial two partners and one associate to eight partners, one associated partner and eight associates. The main office is in Berlin. The firm opened an office in Hamburg in 2014 and one in Munich in 2017.
Lubberger Lehment is listed in all leading rankings among the best IP law firms in Germany. Founding partner Dr Lubberger is repeatedly quoted as one of the leading individuals for unfair competition and trademarks in Germany. Partners and associates take part in academic debates and engage in scholarships and publications. In the past few years, the defence of intellectual property against the business models of digital platforms has become one of the firm’s main practices.
Unfair competition and trademark litigation are the pillars of Lubberger Lehment. Its partners have a long track record of high-ranking litigation cases with landmark judgments by the Federal Supreme Court of Germany and the European Court of Justice. However, in its daily practice the firm is just as proud of the many silent solutions that were never brought to court and the favourable settlements it achieved after fierce fighting before the courts. The firm also concentrates on copyright, design protection, media and entertainment, data protection, competition law and information technology. As the firm welcomed Benjamin Koch from Baker McKenzie in 2017, transactional intellectual property is also on the agenda.
Lubberger Lehment is known for its strong ties to the luxury cosmetics industry, representing many of the world’s leadings brands. This business has evolved into a particular competence for protecting famous and well-known brands against subtle types of infringement. Sports, media, automotive, computers and fintech have become areas of constant activity as well.
Lubberger Lehment has developed a modular set of services that focus on the digital challenges that counsels face. The firm provides trademark and design registration advice and offers platform monitoring services. It is strong in litigation, has an impressive custom-control practice (with the highest number of seizures in Germany in 2017) and adds a particular know-how of selective distribution to its more traditional IP protection services.
Dr Lubberger and Bernd Weichhaus have particular expertise in selective distribution. Mr Lehment is fighting for the private press’s business models in digital media. Martin Fiebig is an expert in online brand enforcement. Kai Schmidt-Hern has broad experience in IP protection for start-ups and Dr Koch draws on his experience as in-house counsel at BMW as well as his track record of M&A transactions involving intellectual property.
In the past few years the firm has been among the few that dare to challenge Amazon before the German courts. It is proud of the outcome, which contributes to landmapping the path to online platform liability.