Volunteer Spotlight: Andreas Lubberger

Andreas Lubberger, Lubberger Lehmen (Germany)

Andreas Lubberger has more than 30 years of experience in the field of law and is a renowned litigator in trademark matters. A partner and co-founder of the Berlin-based intellectual property law firm of Lubberger Lehment, Mr. Lubberger has in recent years developed a particular focus on trademark exhaustion, selective distribution, and online platform liability. Notably, he 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.

An INTA member for more than 25 years, Mr. Lubberger is currently a member of the International Amicus Committee. When asked to describe the most enjoyable aspect of his INTA volunteer work, he specifically noted working on the brief “concerning the validity and enforceability of non-challenge agreements” in Case C-62/21 Leinfelder Uhren GmbH & Co KG v. E. Leinfelder GmbH and others.

Mr. Lubberger believes that there are a lot of deadwood trademarks on record, particularly in Europe, blocking up the registries. He is of the opinion that, if there was a use requirement, most of these marks would automatically be removed. Mere provisions for non-use is not a solution, he argues, because potential owners may not wait for a non-use application to succeed before using a trademark. He suggests that the requirement in some jurisdictions of filing declarations of use and corresponding specimens should be made a universal practice. Mr. Lubberger is also a supporter of the Madrid Protocol System and believes it should evolve and be used more widely and more often.

An author of many articles and an active contributor to various professional publications, Mr. Lubberger is a founding member of the MARQUES Famous and Well-known Marks Team, co-head of the Unfair Competition and Trademark Working Group of the German Association for the Protection of Intellectual Property, a member of the Selective Distribution Working Group of the German Trademark Association, and head of the legal team at Meisterkreis, an association of high-end German cultural and creative industries.

Mr. Lubberger is not one who believes in “all work and no play.” When he is not working, he enjoys skiing and sailing.

Having worked with trademarks for more than three decades, Mr. Lubberger has a few favorite brands. His favorite luxury brand mark is CHANEL, whereas his favorite family business brand is STIHL.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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