Robert Peake

Robert advises clients across the automotive and mobility sectors on IP, branding, and data compliance issues, including trade mark disputes, design rights, and revival of historic vehicle and motorcycle brands.

• Successfully resisted threatened claims against a leading motorsports publication by the owner of a racing series.
• Advised an automotive restoration business on copyright and passing-off concerns.
• Advised on the revival of a famous pre-WWII motorcycle brand.
• Acted for a US-based e-mobility manufacturer in a trade mark infringement claim by a leading automotive manufacturer.
• Advised an automotive after-market care-service provider on its global data protection compliance programme.
• Advised a non-OEM parts business on design right infringement concerns.
• Advised an electric bicycle start-up on ownership and chain-of-title issues for its designs.

Robert advises on data protection, GDPR compliance, and regulatory investigations, including children’s data, international transfers, subject access requests, and advertising standards across a range of industries.

• Advised a large online gaming brand on data protection compliance, in particular in respect of the processing of children’s data.
• Advised a bespoke healthcare provider on supplier contracts, international data transfers, and broader data protection.
• Advised the owner of a suite of mobile phone apps with over 30 million users on GDPR preparedness.
• Acted for a client in relation to a data breach by a former staff member and a subsequent regulatory investigation.
• Advised elected officials in relation to subject access requests and related regulatory inquiries.
• Successfully acted for a consumer beauty brand in an ASA investigation into alleged CAP code breaches by a paid celebrity endorser.
• Advised a UK energy advisory firm on brand protection online, and enforcement and litigation strategy in other jurisdictions.
• Advised a greentech client on its rights and remedies as exclusive distributor following the acquisition of the licensor by a multinational group.

Robert’s expertise extends to all aspects of IP protection and enforcement, including trade marks, designs, patents, copyright, trade secrets, and R&D ownership.

• Acted for an e-mobility client in a trade mark infringement dispute with a global auto manufacturer.
• Acted for a distributor of consumer health products in relation to patent infringement allegations by a medical device patentee.
• Successfully resolved a registered design right claim in the IPEC for a defendant, following the transfer of the matter from the client’s former solicitors, with no admission of liability or undertakings, and no damages payable.
• Advised an advanced paper-coating technology client on the protection of trade secrets and confidential information in relation to material transfer arrangements with dozens of counterparties on multiple continents, as well as manufacturing and development agreements and Horizon Project participation.
• Advised clients including sole inventors, SMEs, and academic institutions on the ownership and protection of intellectual property rights and confidential information in research and development projects.
• Advised an AI developer on joint authorship and open source software issues.
• Successfully acted for a publishing client facing trade mark infringement and passing off threats by the owner of a renowned motor racing event.
• Advised a fintech client on the use and ownership of data and intellectual property rights in relation to integration with a third party’s SaaS platform.
• Advised an alcoholic beverage brand on copyright and moral rights claims by the estate of a deceased film director.
• Acted as external counsel for a US-based non-alcoholic beverage brand on its entry into the UK and European markets, including distribution and logistics arrangements, marketing and promotional activities, and data protection compliance.

Robert acts for leading consumer brands on advertising compliance, influencer marketing, sponsorship, and brand ambassador agreements, as well as regulatory investigations and disputes across sectors including cosmetics, beverages, and luxury goods.

• Advised a US-based non-alcoholic drinks brand on a range of marketing and advertising matters including sponsorship of a Premier League football club.
• Regularly providing pre-publication advice on marketing communications for a premium cosmetics brand.
• Successfully defended a premium haircare brand in an ASA investigation relating to an influencer’s social media posts.
• Advising clients across a variety of consumer goods categories on the use of brand ambassadors, including the preparation of template terms and conditions.
• Advised a luxury French perfume brand on the termination of a decades-old informal exclusive distribution arrangement.
• Advised a French supplier of tobacco products on a regulatory complaint against a UK-based competitor.

Robert has been involved in landmark cases concerning patent equivalence, statutory powers, and on extended passing-off, influencing IP, electoral, and defamation law.

• Icescape v Ice-World International BV et al [2018] EWCA Civ 2219, [2017] EWHC 42 (Pat) – Court of Appeal’s first application of the Supreme Court’s approach to equivalence in Actavis v Eli Lilly; also concerning validity challenge on the grounds of priority, the person skilled in the art and common general knowledge, and threats of infringement proceedings under section 70 of the Patents Act.
• Vote Leave v Electoral Commission [2019] EWCA Civ 1938 – The Court of Appeal review of the Electoral Commission’s powers to publish reports not mandated under statute.
• Metropolitan Police v Smith, Blockchain Limited & Ors – [2016] unreported Old Bailey – Decision on data access, jurisdiction and the corporate veil.
• Micromine v Alhambra & Komarnicki – 2015/16 unreported – Enforcement in the Alberta courts of an English judgment for breach of guarantee in a software licence.
• GSI v Falkland Islands Government – SC/CIV/05/14 Falkland Islands – Copyright claim concerning seismic data and exploration licences.
• Fage v Chobani – [2012] EWHC 3755 (Ch); [2012] EWHC 3097 (Ch); [2013] EWHC 298 (Ch); [2013] EWHC 630 (Ch); [2013] E.T.M.R. 28; [2013] F.S.R. 32; (2013) 157(14) S.J.L.B. 31; [2014] EWCA Civ 5 – Extended passing-off case concerning the use of the term ‘Greek Yoghurt,’ including permission for survey evidence, the scope of disclosure, and interim injunctions and undertakings.
• Grant v Torstar 2009 SCC 61; Quan v Cusson 2009 SCC 62 – Appeals in the Supreme Court of Canada resulting in the adoption in Canadian law of the defamation defence of responsible journalism in the public interest, following the Reynolds/Jameel line of cases in the House of Lords.

Robert acts for global food and drink brands on market entry, IP, labelling, advertising, and regulatory compliance, with experience spanning alcoholic and non-alcoholic products, fermentation technologies, and high-profile branding disputes.

• External counsel for a US-based non-alcoholic beverage brand on its entry into the UK and European markets. Advised on a wide range of matters including: marketing and advertising, promotional competitions and a sponsorship agreement with a Premier League club; regulatory compliance including data protection; food safety and labelling; and distribution and logistics arrangements.
• Advised a luxury alcohol brand on copyright and moral rights claims by the estate of a deceased French film director.
• Advised the supplier of a patented food product on comparative advertising claims.
• Advised on licensing in relation to patent applications for fermentation processes for non-alcoholic wine and beer.
• Advised on ownership and entitlement, and development agreements in relation to non-cocoa chocolate alternatives.
• Advised a US-based dairy brand on food labelling and advertising and marketing compliance.
• Acted for a US brand in a claim over the use of the term ‘Greek yoghurt’.

Robert acts for leading consumer brands on advertising compliance, influencer marketing, sponsorship, and brand ambassador agreements, as well as regulatory investigations and disputes across sectors including cosmetics, beverages, and luxury goods.

• Advised a US-based non-alcoholic drinks brand on a range of marketing and advertising matters including sponsorship of a Premier League football club.
• Regularly providing pre-publication advice on marketing communications for a premium cosmetics brand.
• Successfully defended a premium haircare brand in an ASA investigation relating to an influencer’s social media posts.
• Advising clients across a variety of consumer goods categories on the use of brand ambassadors, including the preparation of template terms and conditions.
• Advised a US-based dairy brand on food labelling and advertising and marketing compliance.
• Advised the supplier of a patented food product on comparative advertising claims.
• External counsel for a US-based non-alcoholic beverage brand on its entry into the UK and European markets. Advised on a wide range of matters including: marketing and advertising, promotional competitions and a sponsorship agreement with a Premier League club; regulatory compliance including data protection; food safety and labelling; and distribution and logistics arrangements.

Recommend by The Legal 500 for Intellectual Property: Patents (Contentious and Non-Contentious) 2024-2026

Recommend by The Legal 500 for Intellectual Property: Trade marks, copyright and design 2024-2026

Recommend by The Legal 500 for Reputation Management 2026

Recognised by WTR1000 – Bronze – Individuals: enforcement and litigation 2023–2025