Clearly Distinguishable Advertising – Watch Out Influencers...Just Tagging the Label Is Not Sufficient!
April 14, 2021 | Peter Le Guay
Peter specialises in advertising and intellectual property law and has over 20 years' experience in advising on and defending his clients' advertising claims and protecting, maintaining and enforcing their intellectual property rights. Whether it is negotiating the resolution of a regulatory investigation concerning marketing claims or advising on the results of a trade mark search, 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. He manages the intellectual property portfolios of many global organisations, conducts intellectual property due diligence audits and drafts and negotiates complex intellectual property licences and assignments.
Peter regularly advises on and drafts 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 and loyalty programs. He understands digital marketing and social media platforms and regularly provides advice in respect of privacy and spam issues, behavioural advertising, user generated content, jurisdictional issues and electronic direct marketing and drafts website development agreements, website terms of use, privacy and spam policies. He also regularly advises on and drafts comprehensive advertising agency, media consultancy and digital marketing agreements as well as talent and sponsorship agreements.
In addition to his transactional and advice based work, Peter is an experienced consumer protection and intellectual property litigator and regularly appears in the Federal Court in relation to competitor complaints concerning the Australian Consumer Law or trade mark disputes. He is experienced in dealing and negotiating with the Australian Competition and Consumer Commission on behalf of large multinationals concerning consumer protection issues as well as industry based complaint panels such as the Complaints Resolution Panel and the Advertising Standards Board. He also sits as a panel member on the Advertising Claims Board.
Peter is an active member of the International Trademark Association (INTA) and currently sits on one of their committees and is also a participating member of the Copyright Society of Australia and the Intellectual Property Society of Australia and New Zealand (IPSANZ).
Peter is responsible for the firm's membership of the Global Advertising Lawyers Alliance (GALA) and is president-elect of the Asia-Pacific region.
April 14, 2021 | Peter Le Guay
December 12, 2017
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