Peter Le Guay specialises in intellectual property and advertising law. He has over 20 years’ experience in protecting, maintaining, and enforcing his clients’ intellectual property rights and advising on, and defending, their advertising claims.

Whether it is advising on the results of a trade mark search or negotiating the resolution of an ACCC investigation concerning a marketing claim, Peter applies his extensive knowledge and experience of the relevant legal issues in a pragmatic context, consistently providing his clients with practical and result-orientated advice and solutions.

Peter is also a registered trade mark attorney and has a particular interest and depth of experience in trade marks and copyright. Peter manages the intellectual property portfolios of many multinational organisations as well as conducting intellectual property due diligence audits, and drafting and negotiating complex intellectual property licences and assignments.

In addition to his transactional and advice based work, Peter is an experienced intellectual property and consumer protection litigator and regularly appears in the Federal Court in relation to trade mark disputes or competitor complaints concerning the Australian Consumer Law. He is experienced in dealing and negotiating with the ACCC on behalf of large multinationals concerning consumer protection issues as well as industry based complaints panels such as the Complaints Resolution Panel and the Advertising Standards Board.  He has also sat as a panel member on the Advertising Claims Board.

Peter regularly advises on and drafts the terms and conditions for a range of marketing and promotional devices, such as trade promotion lotteries and games of skill, cash back offers, discount offers, guaranteed offers, gifts with purchase, and loyalty programs. Peter understands online and digital marketing and regularly provides advice in respect of privacy and spam issues, behavioural advertising, use and transfer of data and electronic direct marketing. He also regularly advises on and drafts website development agreements, website terms of use, privacy and spam policies, and digital marketing agreements.

Peter is an active member of the International Trademark Association (INTA) and currently sits on one of their committees. He is also a participating member of the Copyright Society of Australia and the Intellectual Property Society of Australian and New Zealand (IPSANZ). Peter is responsible for the firm’s membership of the Global Advertising Lawyers Alliance (GALA), and is the immediate past president of the Alliance’s Asia-Pacific region.

Peter has been acknowledged by The Legal 500 Asia-Pacific (2018 – 2020) for his work in Intellectual Property.

Peter has also been recognised by Doyle’s Guide (2018) as a recommended lawyer in New South Wales in Non-Contentious Intellectual Property.

Peter Le Guay’s recent experience includes:

  • Acting and advising multinational consumer products group Reckitt Benckiser on its trade mark portfolio in Australia and the Pacific, including well known brands such as Mortein, Vanish (NapiSan), Airwick, Dettol, Pine O Clean, Clearasil, Finish, Harpic, Nurofen, Strepsils, Dr Scholl, and Durex.
  • Acted for The Fat Duck group of companies in Federal Court action to restrain the use of the trade mark “Fat Duck” (and variations) in respect of a Sydney restaurant.
  • Acted in defence of Reckitt Benckiser (Australia) Pty Limited (RB) in the Federal Court of Australia against an action by competitor, SC Johnson & Son Pty Limited (SCJ). The action succeeded only in relation to one of RB’s Mortein NaturGard Odourless Automatic Insect Control System (AICS) products, which is no longer distributed for sale.
  • Acted for Organic Marketing Australia Pty Limited against Woolworths Limited in Federal Court action seeking interlocutory injunctive relief on the grounds of trade mark infringement and/or misleading or deceptive conduct under the ACL.