Gabriele Goldaper has over 45 years experience in the Fashion, Garment, Textile Industry, as a retailer, manufacturer, consultant, and college instructor. Ms. Goldaper is a perceptive and articulate Expert Witness who has been involved in more than150+ Apparel Industry Legal Disputes. She has been deposed and testified in bench and jury trials and arbitrations, for both defendants and plaintiffs.
Ms. Goldaper has owned her own clothing manufacturing company and has held key executive positions in major public and private companies in Southern California. She has been a Management Consultant to over 200 new, failing or growing apparel companies, and completed assignments for USAID in Romania, Egypt, El Salvador, Moscow, Thailand and Bulgaria as an apparel expert.
Ms. Goldaper is a 30-year member of the faculty at the Fashion Institute of Design and Merchandising.
Areas of Expertise Include:
Copyright Infringement and Trademark Cases
Opinions on Originality and Substantial Similarity
Fabric/Print Design, and Origin Issues
Garment Construction and Design issues
Customs, Practices and Operations of Clothing Business
Financial Conditions, Valuations and Financial Matters
Issues with Manufacturing Contractors/Factories: Domestic and Off-Shore
Wholesale Distribution to Retailers and Internet Sales
Quality Standards/Specifications used in Production of Garments
Rob Wallace has unique expertise in Trademark, Trade Dress, Copyright, Brand Identity and Package Design Infringement. For 35+ 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 50 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
False/ Deceptive Advertising
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.
Retained by More Than 120 Law Firms | Expertise You Need + Experience You Want
"I very strongly recommend Rhonda. She’s great to work with, and her work product is absolutely top-shelf." Greenberg & Traurig, LLP
Trademark and Trade Dress Infringement | Surveys | Misleading and Deceptive Advertising | Licensing | Commercial Reasonableness | Merchandising
Founded in 2005, Harper Litigation Consulting and Research has been trusted by more than 120 law firms. Ms. Rhonda Harper is a courtroom proven expert witness, having provided expertise in virtually every circuit, along with JAMS, TTAB, PTO, and FTC. She has also provided testimony for both the prosecution and defense in federal and state criminal trials for offenses ranging from fraud to murder. As a former Fortune 100 chief marketing officer and an adjunct marketing professor, she is uniquely court-qualified in many areas, including intellectual property infringement surveys, misleading and fraudulent advertising, licensing, defamation, and commercial reasonableness. Ms. Harper is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys.
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.
Leonard J. Backer has over 28 years of extensive and successful Seating, Tables and Furniture Industry experience in all key areas. Mr. Backer has been directly involved in the design and development of 250+ seating and table collections. He specializes in Private Label Manufacturing, Sourcing, and Product Development expertise.
Mr. Backer provides aggressive Expert Witness and Litigation Support services to attorneys, insurers and businesses for Plaintiff or Defense. He performs site inspections, detailed product reviews and incident analyses. He has worked with law firms and insurance companies to develop and coordinate strategies for various types of legal actions and lawsuits. Very strong hospitality background.
Mr. Backer has extensive experience with hotel, restaurant, cruise ship, retail store and senior living incidents. Personal Injury and Product Liability Cases. He provides detailed analyses, written opinions, and expert witness reports for clients throughout the U.S. Strong proven deposition and court testimony.
Areas of Expertise:
Furniture Based Disputes, Claims, or Legal Actions
Many restaurants, independent hotels and timeshare resorts have much tighter budgets these days when it comes to purchasing seating for their properties. At the same time, there seem to be many “attractive” options available for their chairs, barstools and benches...
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.
Nevium’s experts are trial-tested IP custom & practice damages experts who take a hands-on approach with all their IP litigation assignments. Whether you are in need of an expert to calculate economic damages as lost profits / unjust enrichment, give an opinion on specific business clauses in a license agreement or to leverage Internet and Social Media analytics to prove or disapprove infringement, Nevium has the experience and expertise.
Litigation Support:Nevium works closely with C-Level executives, in-house and outside counsel to implement the best possible business strategy that intertwines with the legal strategy. Nevium is part of the team early on in the litigation process assisting with discovery requests and deposition questions. Nevium’s experience and expertise allows the managing attorney to focus on the legal issues knowing that Nevium is proactively taking care of the business side of the case. As experienced Intellectual Property Consultants, they have real-word, hands on IP management, monetization and valuation experience that plays out well in front of a judge and jury. Nevium professionals provide IP expert witness testimony related to economic damages in a range of lost profits, unjust enrichment, relief from royalty, reasonable royalty, relief from pay per click, corrective advertising and IP valuation. They author reports and provide testimony for federal and state court claims, arbitration, and mediation related to false endorsement, defamation, infringement and unfair competition.
Publicity Rights Damages
Internet and Social Media Damages
Areas of Analyses Expertise
Relief from Royalty
Relief from Pay Per Click
Past Law Firm Clients
Akin Gump Strauss Hauer & Feld
Gordon & Rees
Higgs Fletcher & Mack
Latham & Watkins
Pillsbury Winthrop Shaw Pittman
Dorsey & Whitney
Winston & Strawn
Doug Bania, CLP, Founding Principal Doug Bania is a founding principal of Nevium Intellectual Property Consultants. Nevium is an intellectual property consulting firm specializing in developing IP strategies, IP valuation and monetization of IP as well as providing expert testimony related to IP damages and licensing customs and practices.
Mr. Bania has been the named expert for over 75 cases, deposed 20 times and has provided trial testimony 5 times.
Mr. Bania is a Certified Licensing Professional (CLP), a Google Analytics Certified Individual (GAIQ) and is a past committee member (2016 - 2019) for the International Trademark Association (INTA) Internet Committee and the ICANN Compliance and Domain Name Industry Subcommittee, a current member of the INTA Right of Publicity Committee and the American Bar Association (ABA), Copyright & Social Media Committee.
Mr. Bania specializes in analyses for copyright, trade dress, trade secrets and trademark infringement, publicity rights, social media and Internet infringement, defamation, marketing strategy analyses, royalty rate determinations and other intangible assets. Mr. Bania also provides valuation and monetization strategies for trademarks, trade secrets, publicity rights, domain names, Internet and social media assets, brands, copyrights and other intangible assets for financial reporting, bankruptcy and transactional due diligence.
Brian Buss, CFA, Founding Principal, is a Chartered Financial Analyst with over two decades of experience providing intellectual property and business valuation, expert testimony and transaction advisory. Mr. Buss provide solutions for IP owners, attorneys and licensees both in the United States and overseas. He has a bachelor’s degree in Biology and Economics from Claremont McKenna College and completed the Executive MBA program at San Diego State University. An expert in valuation and economic damages calculations, Mr. Buss has valued copyrights, brands, patents and business interests across a wide range of industries from apparel companies to airports and from technology start-ups to global consumer products companies. Often engaged to analyze unique and proprietary assets and their economic impact and contribution to financial results, he works closely with clients and counsel to develop thorough yet clear and understandable analyses.
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Based on our knowledge of and ability to analyze and value businesses, valuation professionals are uniquely positioned to provide valuable information to business owners and managers regarding the financial value of their brand assets. In other words, how a company's brand assets are contributing to the company's overall financial performance. This "Special Issue" of The Value Examiner is intended to kick-start the discussion on brand valuation by identifying the opportunities and challenges in completing brand valuation assignments for our clients.
Use of the Internet and social media has become an increasingly essential element of conducting business in the United States and globally, which in turn raises new issues for calculating damages and performing valuations. With almost every business now using the Internet and social media to conduct business, cases of Internet IP infringement, IP misuse, and defamation have increased and evolved. Before the rise of these new media, cases of infringement and defamation typically occurred in print or on television and were visually obvious.
Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Further, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons.
Brent Coker, PhD, is an Online Consumer Psychologist. With a PhD in Electronic Commerce (“Predicting Internet Purchase Intention”), Dr. Coker's research focusses on consumer behavior within the realm of psychology, digital business models, and marketing. He currently teaches Digital Marketing and Digital Business Models at the University of Melbourne.
Dr Coker prepares scientific reports pertaining to consumer behavior, branding, and Digital Marketing and technology related topics, based on scientific findings published in academic peer reviewed journals, and other third party relevant research. Any opinions expressed by Dr Coker are supported by peer reviewed academic research, established academic theory, industry standards, and other relevant logical evidence.
Dr. Coker’s award winning research into digital marketing and consumer behavior has been published in top peer reviewed academic journals, beginning in 2004 when his research into the integration of the internet into business models won Best Paper Award at the 15th Australasian Conference on Information Systems (ACIS). In the late 1990s, Dr. Coker had a dot-com (fernland.com), and he is currently director of Deloosh Pty Ltd.., inventor of the web analytics tool Webreep., and author of the book Going Viral.
Dr. Coker is available for expert witness work, consultation, and advisement in Australia and internationally.
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.