Peter Creighton-Selvay Portrait

Peter Creighton-Selvay

Bar roll 2012 Admitted 2006
  • Commercial Law Intellectual Property
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Peter Creighton-Selvay practises in intellectual property, trade practices and general commercial litigation

Peter has significant trial and appellate experience and is regularly briefed to appear in the Federal Court, Supreme Court, and IP Australia.  He is ranked as “preeminent” junior counsel in Doyle’s Guide to Technology, Media & Telecommunications Barristers – Australia and Victoria, and has been repeatedly ranked as “leading” junior counsel in Doyle's Guide to Intellectual Property Barristers – Australia and Victoria. 

Prior to joining the Bar, Peter was a solicitor at Mallesons Stephen Jaques in Melbourne and a managing associate at Linklaters in London. Peter holds a Bachelor of Laws from the University of Melbourne (first class honours) and was a Patrick Moore scholar at the University of Cambridge, where he completed a Master of Laws (also first class honours) and specialised in international commercial litigation, international intellectual property and restitution.

Peter is a volunteer lawyer with the Arts Law Centre of Australia and a member of the Intellectual Property Society of Australia and New Zealand.

Liability limited by a scheme approved under Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Chancery Chambers
Level 25

200 Queen Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Consumer Law
  • Contractual Disputes
  • Corporations & Securities
  • Equity & Trusts
Intellectual Property
  • Appellate
  • Confidential Information
  • Copyright & Designs
  • Information Technology
  • Media & Entertainment
  • Patents
  • Privacy & Data Protection
  • Telecommunications
  • Trade Marks

Qualifications

Qualifications

Bachelor of Laws (Hons)

Master of Laws (Hons)

Bachelor of Arts

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Intellectual Property

Pham Global v Insight Clinical Imaging – alleged trade mark infringement, passing off and misleading or deceptive conduct in relation to radiology services; cross-claim for revocation of registered trade mark (Full Federal Court, with T Cordiner QC).

SNF (Australia) v Ciba Speciality Chemicals Water Treatments – long running patent litigation, involving numerous opposition proceedings, Federal Court appeals concerning validity, and infringement proceedings seeking an account of profits, regarding a process of treating mine tailings (APO, Federal Court, and Full Federal Court, with D Shavin QC).

Lumen Australia v Frontline Australia & Ors – alleged infringement of copyright, circuit layout rights, trade marks, misuse of confidential information, misleading or deceptive conduct, passing off, and breach of contract, in relation to the manufacture of trailer wiring harnesses; claims for pecuniary relief and additional damages (Federal Court, with E Heerey QC).

Tasmanian Alkaloids v TPI Enterprises ­– alleged infringement of innovation patents relating to high codeine poppies and cross-claim for invalidity; appeal from APO decision concerning the validity of a related standard patent (Federal Court, with G Dalton QC).

Australian Meat Group v JBS Australia ­­– appeal from trial judgment finding trade mark infringement in the meat industry involving consideration of the relevance of reputation to the assessment of deceptive similarity (Full Federal Court, with B Caine QC and E Heerey QC).

Stone & Wood Group v Intellectual Property Development Corporation– alleged passing off, misleading or deceptive conduct and trade mark infringement in relation to beer and cross-claim for groundless threats; trade mark opposition to registration of “Pacific Ale” on the basis of sections 41 and 44 of the Trade Marks Act (Federal Court and Full Federal Court, with C Golvan QC; ATMO, unled).

Wilson v Microsoft – alleged patent infringement and misuse of confidential information in relation to computer software (Federal Court, with A Ryan SC).

Delfi Chocolate Manufacturing v Mars Australia – appeal from ATMO decision refusing to register “Maltitos” by reason of prior registration of “Maltesers” (Federal Court, with A Ryan SC and E Heerey).

Telstra v Phone Directories Company – alleged misleading or deceptive conduct and passing off in relation to the use of the colour yellow (Federal Court, with M Wyles QC and S Rebikoff).

More Group v Ronan Czesler & Ors – alleged infringement of copyright and misuse of confidential information in relation to dental implant courses (Supreme Court, unled).

Banjo v FundIT Technology ­­– opposition to registration of “Banjo” trade marks based on sections 42(b) and 60 of the Trade Marks Act and resulting appeal (ATMO and Federal Court, unled).

Southcorp Brands v Australia Rush Rich Winery & Ors ­– alleged infringement of the “Penfolds” trade mark by use of Chinese character mark and “Ben Fu” (Federal Court, with E Heerey QC).

In a Rush Nominees v Xu & Xu  – application for interlocutory injunction to restrain alleged infringement of trade mark in relation to a coffee store franchise (Federal Circuit Court, unled).

Silver Top Taxi Service v Taxi's Combined Services – opposition to registration of “Silver Service” in relation to taxi services (ATMO, unled).

Ab Initio Software – application to register greater than symbol as trade mark in respect of computer software and related services (ATMO, unled).

International Warehousing Distribution v Justin Trail – alleged misuse of confidential information and copyright infringement by a former employee of a craft brewing company, including interlocutory application for digital inspection of computing devices (Federal Circuit Court, unled).

Aquila v Auqua Swimwear – opposition to application by Auqua Swimwear for partial removal of Aquila trade mark on the basis of non-use; opposition to application by Auqua Swimwear for registration of “Auqua” on the basis of sections 44 and 60 of the Trade Marks Act and resulting appeal (ATMO and Federal Court, unled).

Sparkling Juice Company v Tru Blu Beverages – application to revoke the registered trade mark of, and alleged misleading or deceptive conduct, passing off and trade mark infringement of, a company involved in the sale of non-alcoholic beverages (Federal Court, with C Golvan QC).

The National Building Suppliers Group v Mitre 10 Australia – application for interlocutory injunction and digital inspection of computers by reason of alleged misuse of confidential information, copyright infringement, and conversion, in relation to documents made available on confidential online portal (Federal Court, with E Heerey QC).

Salon Concepts v BSB Pacific – alleged trade mark infringement, misleading or deceptive conduct, passing off, breach of contract and debt claim in relation to spray tan products (Federal Circuit Court, unled).

MG Icon v Caprice Australia – interpretation and application of Raising the Bar amendments (ATMO, unled).

Enterprise Glue v Shopify – alleged infringement of patent concerning a data access system and cross-claim for invalidity (Federal Court, unled)

ECS Property Group v Goodridge Nominees – alleged misuse of confidential information and misleading or deceptive conduct in relation to a business opportunity (Federal Court, with C Golvan QC).

Re Fodmapped Foods Pty Ltd – opposition to revocation of acceptance of trade mark (ATMO, unled).

Barokes v Drop Cellars – alleged infringement of patent concerning wine in aluminium cans (Federal Court, unled).

Monash University v Sue Shepherd – alleged misleading or deceptive conduct and misuse of confidential information in relation to the creation and promotion of the Low FODMAP Diet (Federal Court, with A Ryan SC).

Australia Post v Digital Post Australia – alleged trade mark infringement and misleading or deceptive conduct in relation to a digital mail service (Federal Court, with W Houghton QC and S Rebikoff).

Toddler Kindy Gymbaroo v Gym-Mark – opposition to application for removal of trade mark due to non-use (ATMO, unled).

Global Tiger Logistics v Cargo Traders SA – alleged trade mark infringement, misleading or deceptive conduct and passing off in relation to logistics services (Federal Circuit Court, unled).

Jack Gance & Mario Verrochio v Ian Tauman – opposition to registration of three trade marks in respect of pharmacy services based on the prior registration and use of various “Chemist Warehouse” trade marks (ATMO, unled).

World Expeditions Travel Group Pty Ltd v Franklin River Rafting – opposition to registration of trade mark on the basis of section 41 of the Trade Marks Act (ATMO, unled).

Commercial Law

Ying Mui v Frank Hoh – alleged breaches of fiduciary and statutory duties by former directors of companies acting as trustees of family trusts, knowing receipt and knowing assistance, replacement of trustees (Supreme Court and Court of Appeal, with M Osborne QC). 

Fonterra Brands v Bega Cheese – alleged breaches of express and implied terms of contract and restraint of trade (Supreme Court, with G Dalton QC).

Uniting Church of Australia v Westpac & Denham – alleged breaches of contract, negligence, conversion and misleading or deceptive conduct of bank and auditor in the context of a fraud perpetrated by a company employee (Supreme Court, with P Solomon QC).

Brainwave Technology v Aaron Leibovich ­­- alleged breaches and repudiation of contract by inventor of a smart chip for mobile phones (Supreme Court, with C Golvan QC).

Ecopave Australia Holdings v Adbri Masonry Group – application for leave to appeal to the Full Court of the Federal Court (Federal Court, unled).

Business Health v DKN Financial Group – alleged breaches of contract, restitution, misleading or deceptive conduct and copyright infringement in relation to software development (County Court, with P Solomon QC).

Progress Software v Crown Melbourne – alleged breaches of contract, restitution and copyright infringement in relation to the licensing of computer software (Supreme Court, with N Hopkins QC).

Re Frosthollow Pty Ltd – application for judicial advice by corporate trustee as to whether to defend claims for breaches of trust, indemnity out of trust assets, and replacement of trustee (Supreme Court, with M Osborne QC).

SNF (Australia) v Ciba Speciality Chemicals Water Treatments – application to re-open proceedings on the basis of allegations of equitable fraud (Federal Court, with D Shavin QC).

Memberships

Intellectual Property Society of Australia and New Zealand (IPSANZ)