Rob Wallace has unique expertise in Trademark, Trade Dress, Copyright, Brand Identity and Package Design Infringement. For 30+ years, Rob ran one of the nation's top Brand Identity Strategy and Package Design Resources providing global branding expertise to Fortune 500 companies in virtually all CPG categories. His clients include P&G, Nestle, Pepsico, Unilever, Kraft, Colgate, The Home Depot, Brown-Foreman, Novartis, J&J and more than 30 market leading companies. Manhattan-based, Rob has been an expert witness for important litigation involving:
Likelihood of Consumer Confusion, Brand Valuation & Dilution
Package Graphic/Structural Design
Branding Industry Best Practices
and all brand related issues.
Rob has commissioned literally hundreds of consumer surveys and is uniquely qualified to determine the results of all research.
He has worked for attorneys on both the plaintiff and defense sides of his cases. He is effective and efficient with the average project report requiring between 10 and 12 hours.
Brand identity and package design has entered into its 4th generation. And in this next phase, the brand will never again have the same message to the 100 million consumers. It will offer 100 million "on-brand" messages customized to each individual consumer. To trace this progress, its relevant to understand how branding evolved from its onset.
Those of us who run design consultancies embrace change. In fact, we are often our client's primary "change agents". We foresee the emerging need in the ever-evolving market, and mold our clients' brands and experiences to meet that new need.
Trademarks are everywhere. They're embodied in logos and symbols (Nike's Swoosh), color schemes (John Deere's green and yellow), numbers (501 jeans), slogans ("Eat Fresh"), and even shapes (Method's product packaging). They're memorable. They distinguish products and services of one provider from those of another, ensuring that customers do not confuse their source. In fact, avoiding consumer confusion is trademark law's primary goal.
Several months ago, a well-respected Fortune 500 consumer products corporation asked its design leader to fire his entire staff and re-hire them under the payroll of one of its pre-press consultants. As a reward for completing this awkward transition, the design manager was, in turn, laid off.
In the past few weeks I have heard marketing directors from three different large consumer packaged goods companies begin a strategic brand identity design discussion with the warning, "My brand needs significant enhancement, but don't to go too crazy.
Today's world is cluttered with messages. In this enviromnent, Rob Wallace urges simplicity. Powerful brands cut through perceptional noise with a memorably iconic and minimalist approach to colors and symbols. Case studies amplify the principles he advocates, and a three-step process outlines specific criteria managers can use to build designs that are visually clean and engaging.
I've spent the better part of 20 years on the package/brand identity design pulpit.With my colleagues in corporate and consultant design, I have tried to spread the gospel of package design's pre-eminent role in communicating the brand's core identity, its emotional essence, and its primary connection to consumers.
Brand extensions are more than twice as likely to succeed as new brands. With mega-brands like Crest extending to more than 80 SKUs in the United States alone and over 300 products worldwide, today's brands are not just expanding-they are hyper-proliferating.
The value of being the genuine original cannot be overstated. Behaviorists like Malcolm Gladwell and Barry Schwartz recognize that in a sea of newness, we consumers find comfort in brands that are consistent, honest and real. We immediately recognize their familiar identities
Dr. Larry Chiagouris has a rare combination serving as a senior Fortune 500 executive and as an accomplished academician. He has provided expert testimony and written opinions on damages, marketing, advertising, intellectual property issues (including the use of survey research) for plaintiffs & defendants at major national & local firms.
• Experience evenly divided between plaintiff and defendant engagements over 25 cases
• Several cases include elements of intellectual property issues
• Majority of cases involve elements of consumer behavior or survey research
• Majority of cases involve elements of advertising related strategies and tactics
• Majority of cases involve elements of Internet related tactics
• Majority of cases involve written opinions and depositions
• Written and oral testimony in several Federal District Court jurisdictions
• Engaged by both large multinational law firms and small boutique firms
• Class action cases evenly divided between plaintiffs and defendants
Selected by Agency Magazine as one of 10 best and brightest researchers. He brings extensive experience as a Senior Marketing, Branding and Research Executive responsible for directing major assignments for companies such as AT&T, Campbell Soup, Kraft, Miller Brewing, Peugeot, Pfizer, Prudential and Visa.
He has a Ph.D. in Marketing, is Past Chairman, Advertising Research Foundation and Former Director of the American Marketing Association.
Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a result of developing and executing survey research. The purpose of this monograph is to aid attorneys in understanding what research standards and guidelines might be relied upon in their use of survey research.
Eric F. Forister, PhD is an Economist with expertise in industrial organization, applied microeconomics, and applied econometrics. He has extensive experience in applying economic insights to understand firm and market behavior, analyzing large datasets using advanced econometric and statistical techniques, and designing and evaluating surveys. He has co-authored medical research papers and legal publications on class certification and market definition. As a consultant, Dr. Forister has addressed issues such as:
Royalty Rates (including FRAND)
Dr. Forister has analyzed dozens of industries including consumer packaged goods, luxury goods, food products, medical services, biotechnology, legal services, fitness, clothing, entertainment, real estate, air and ground transportation, telecommunications, television, electronics, heavy industry, advertising, restaurants, automobiles, gasoline, payment processing, and illicit markets.
PhD in Business Administration (Field: Economics), Stanford Graduate School of Business
BS in Mathematics / Economics, University of California at Los Angeles, magna cum laude
Michael Rabinovici specializes in Web and Social Media Marketing. Mr. Rabinovici entered the Internet business in 1994, after practicing law as a commercial litigator. Today, his focus is on leveraging Web and social media marketing strategies to promote clients’ business objectives and deliver defined ROIs.
Mr. Rabinovici is certified with Marketing Experiments, one of the Internet industry’s leading research and testing companies. He has worked with a variety of companies in the areas of Web marketing and social media including IBM, Deloitte, Cisco, PennEnergy, and Fidelity.
Litigation Support - Michael Rabinovici provides expert services on Anti-Spam related issues. Involved in the legislation process, he is conversant with many of the topics inherent in spam marketing. His expertise is available to attorneys representing both Plaintiff and Defense.
Consulting Services: For the past 20 years, Michael Rabinovici has been focused on business-to-business communications, helping some of North America’s leading companies develop copy for virtually every form of marketing collateral, across a huge range of industries. His consulting services include:
Content Marketing - Blog Posts, e-books, Webinars, White Papers, Info Sheets, Case Studies
Social Media Marketing - Engage in Network Conversation, Develop Corporate Branded Blogs, Launch Inbound Marketing Campaigns, Build Compelling Mobile Apps
Mr. Rabinovici has appeared on ROB TV and is a sought-after speaker on social media topics and blogs frequently on current developments in Web and social media marketing.
Dr. Thomas Maronick has provided both plaintiff and defense litigators with marketing and consumer expertise for over 25 years. Prior to that he was the in-house marketing expert at the FTC. Since leaving the FTC in 1997, Dr. Maronick has been qualified as an expert in numerous federal and state courts, providing expert reports, affidavits, and testimony on marketing, advertising, and consumer behavior matters.
Dr. Maronick has designed and implemented over 300 consumer surveys for litigation and/or policy related strategies, using virtually every survey research methodology, including mall-intercept studies, telephone and mail surveys, and studies using the internet and consumer mail panels. Dr. Maronick has testified (deposition/trial) over 75 times in the past five years and is the author of research of the use of surveys in litigation.
Avinash Vashistha has dedicated his career to the unique requirements of the Global Outsourcing Market. His background and understanding of the practices surrounding Offshore Markets provides clients with a custom offshoring strategy, supplier / build mapping, favorable pricing, reduced risk, successful transition and sustainable performance contracts that address issues unique to offshore delivery.
Mr. Vashistha has evaluated and conducted due diligence on over 200 supplier firms, including companies in India, Russia, China, Philippines, Malaysia, C&E Europe, US, Canada, UK, Ireland and Vietnam. He has directed sourcing assessments, IT and BPO / KPO sourcing transactions and executed program governance models realizing $6 Billion in savings for clients. Avinash also developed significant expertise in the areas of R&D, Technology, Human Resources, Finance and Accounting, Analytics, Investment Research, claims processing and other domain specific voice and back office business processes. Mr. Vashistha has been a strong proponent of well-qualified, but lesser known tier-two suppliers in the competitive sourcing process.
Thought Leader: His opinions are sought and recognized by worldwide organizations and conference organizers such as IDC, NASSCOM, CITEM, C-Level, Private Equity Conference, the Indo-American Chamber of Commerce, CII, SBPOA and IAOP. Leading media conglomerates such as the Wall Street Journal, Financial Times, Time, The Straits Times, The Business Times, USA TODAY, CNN, CNBC, Forbes, Business Week, Bangkok Post, NDTV, Times Group, Business Standard and Cyber Media have featured Avinash extensively. He has been recognized by HRO Today as ‘HRO Superstar’ for 2006 and 2007 in the category of thought leaders and advisors on outsourcing. He has also been recognized as ‘FAO Superstar’ for 2007.
Brent Coker, PhD, is an Online Consumer Psychologist, researcher, and lecturer of Marketing at the University of Melbourne. He has a PhD in Electronic Commerce (“Predicting Internet Purchase Intention”).
For the past decade, Dr. Coker has been researching why ideas spread, and what causes people to share. In 2011, he developed the 'bump' algorithm that predicts the spread of memes and video ads, and a few years later, wrote a book to summarize what he learned about Viral Marketing. The WH Smith Heathrow chart topping book, Going Viral is the culmination of a seven year study on the psychology of building a strong brand and customer engagement. For more information, view his Masterclass on Viral Marketing – “ "Virology".“
Dr. Coker founded the dot-com “Fernland” in 1998, and is currently founding director of Deloosh. – a technology and market research company. He is also inventor of the web analytics tool “webreep” Webreep Model,) which was the first web app to detect and measure website dissatisfaction, and more recently the founder of Wear Cape, – an influencer marketing agency.
Keynotes and Public Speaking - Dr. Coker has been serving as a keynote speaker for years. He has delivered speeches to such as entities as NASA, IBM, CPA Australia, and Oticon, and Qantas on subject including word of mouth, viral marketing, and online branding.
One common disgruntlement brands have against other brands is similarity. In the courts, brands argue that another brand is too similar, and that this causes confusion whereby consumers may believe there is an affiliation between the brands.
I was recently invited to provide informal pro-bono advice to a law firm organizing a class action lawsuit against JUUL – a supplier of vaping products. Part of their argument was the idea that JUUL were engaged in unlawful viral marketing – inciting peer pressure by using advanced marketing techniques.
Everyone wants their voice to be heard above the noise of other brands. But how do you get your messages to spread far and wide? Packed full of practical techniques, expert research and real-life examples, you’ll quickly uncover the nine secrets of irresistible marketing that will work whatever the size of your company. Discover the science behind the world’s most viral ideas, learn how to create messages that people can’t resist sharing and effortlessly build your brand.