Lubberger Lehment

Firm overview:

“A true boutique. They really know what IP is and how to protect it. They are known for difficult cases setting landmarks in trademarks protection,” says a referral lawyer of Berlin, Hamburg and Munich boutique, Lubberger Lehment. Others comment: “Tier One - They have 12 people, they don’t grow, they are just happy to stay at that size.” The firm advises companies in the comprehensive protection of their trademarks and represents them against infringers. Lubberger Lehment advises on rapid remedial action in expedited proceedings and long-term land gain in fundamental lawsuits. The firm is regularly opposite intermediaries such as internet platforms accused of enabling and committing mass infringements.

Where necessary the firm works closely with customs authorities in the fight against piracy, assisting on measures such as border seizures, to stop infringing goods before they enter the market. Peers report positive experiences with the firm: “A fine young firm. Lubberger Lehment is a contrast to the ultra aggressive firms. They are good lawyers, who know how to get to practical solutions in not easy situations. But, they can be fully aggressive if needed, and they know how to communicate with the client.” A referral lawyer adds: I have worked with the Berlin and Munich offices on cases. They always deliver high quality advice, a perfect combination of theoretical background and practical experience.”

The firm is noted for the significance of its cases. “I’m very fond of Lubberger Lehment. They are so often in court, so may go to the Federal Supreme Court and because they do they help to improve the law. We are proud of our published cases in Germany and the prestige and influence these decisions can have on the German speaking world.” The court appearances also help with the firm’s visibility. “If Lubberger Lehment is acting against Amazon in a litigation on a platform issue then that will obviously make the press.”

Team overview:

The leading lawyer at the firm and “one of the top individuals in German trademarks” is the “outstanding” Andreas Lubberger. “He is really good, reliable and very clear and structured in his arguments,” says a peer. Notably, Lubberger successfully handled the Coty case before the Court of Justice of the European Union (case number C-230/16), a landmark decision for operators of selective distribution systems. “In some areas he has identified issues in the law that have influenced ECJ decisions. They may not have quoted him directly but they have clearly referenced his work in cases in their judgments,” notes a contemporary. A lawyer on the other side adds: “He is a tough opponent. I have to recognize his photogenic knowledge and understanding. You can focus on the real points of the case with him.”

While the work of fellow name partner Dr Cornelius Lehment is noted, Lubberger Lehment is seen to have sorted its generational challenge with a range of younger people name checked. “We deal with Benjamin Koch, Eva Maierski and Rani Malik. If we have a conflict we would refer to them,” says a peer. Others say, “Philip Schmitz and Benjamin Koch have been on the other side of our cases and are good lawyers.” and “Eva Maierski and Martin Fiebig in Berlin and Benjamin Koch in Munich are lawyers whom I worked directly with.” Dr Kai Schmidt-Hern is also mentioned.

Key matters:

• Lubberger Lehment Berlin partners Eva Maierski and Dr. Rani Mallick represented Coty in litigation against Amazon. Lubberger Lehment has been involved in a series of disputes with the discounters ALDI Süd and ALDI Nord on behalf of its client Coty for the past six years. The dispute was whether Coty was entitled to prohibit the discounters from selling Coty’s Calvin Klein and Joop! brand fragrances based on the discounter – and, from Coty’s point of view, prestige-damaging – sales environment at ALDI. The came to a successful end for Coty – with two court decisions:
• In July 27, 2023, the German Federal Supreme Court dismissed another non-admission appeal [Nichtzulassungsbeschwerde] by ALDI against a ruling by the Higher Regional Court of Berlin [Kammergericht]. The Berlin ruling prohibited Aldi Nord from selling Calvin Klein perfumes in ALDI’s rummage boxes.
• On June 30, 2023, the Higher Regional Court of Düsseldorf ruled in favour of Coty and prohibited the presentation of perfumes in the rummage boxes typical of Aldi and in glass display cases in all Aldi Süd stores. Aldi decided against a non-admission appeal [Nichtzulassungsbeschwerde] against the ruling of the Higher Regional Court of Dusseldorf, rendering the decision final and binding.
• As a result, Coty successfully defended itself before three higher courts, with one case partially confirmed by the German Federal Supreme Court, against the distribution of its Joop! and Calvin Klein perfumes in ALDI stores and its typical discounter sales environment.
• The decisions affirm rights holders do not have to accept a sales environment for their branded goods that is incompatible with their brand image and extend this option to brands outside the premium luxury category.

Clients:

Adolf Würth, Apple, Autocom (Würth Group), Coty, Auto1 (wirkaufendeinauto.de), Bayes eSports, Belron (Carglass/junited AUTOGLAS), Billie GmbH, Boehringer Ingelheim, Börlind, Casavi GmbH, Charité – Universitätsmedizin Berlin, Clarins, CLUSE, Coeur de Lion Schmuckdesign, Desigual (ABASIC), Dyson, E. Zoller GmbH & Co. KG, Finn Auto, Grow Female Wealth GmbH (VITAMIN), HFC Prestige International Operations Switzerland Sárl