Expert Details

Expert in Design and Analysis of Surveys to Substantiate Advertising Claims

Expert ID: 722787 New York, USA

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Expert has designed over a thousand surveys and studies with varied objectives for virtually every type of product and service. Expert has over 40 years of marketing research experience. Prior to joining his current employer to conduct custom market research for court cases, he headed his own firm, serving as both planner and supplier of market research for companies in the food, beverage, fashion and travel/hotel industries. The consultant has specialized since 1990 in studies intended for review by a court or government agency. The consultant has designed and conducted more than 160 studies to substantiate advertising claims, more than 120 studies to test for trademark confusion or secondary meaning and more than 100 advertising perception studies to test for implied messages. Specific areas of expertise include studies to measure trademark/trade dress confusion, secondary meaning, dilution, genericness, studies to measure advertising perception, and studies to substantiate claims. He has conducted over a hundred successful claims substantiation studies requiring testing among relevant consumers. He has been accepted as an expert witness by numerous Federal and State courts, the U.S. Patent and Trademark Office, the Federal Trade Commission, and the National Advertising Division (NAD), the advertising industry's self-regulation unit. In designing studies and in critiquing the studies of others, Expert follows the standards generally employed in the field of survey research, as well as the criteria set forth by the Federal courts governing the admissibility of scientific evidence.

The expert can offer services in the following areas: Legal Research & Services, Claims Substantiation and Trademark Infringement Analysis, Intellectual Property identification and analysis, Litigation Expert Advice, Product Testing Designs / Products Optimization, Food, Beverage & Nutrition, External Concept Review, Gap Analysis, Key Driver (Regression) Analysis, Market / Customer Segmentation, Mystery Shopping, Business Research, Competitive Product/Feature/Benefit Assessments, Marketing, Advertising & Marketing, Consumer Packaged Goods, Demographics, Financial Services, Health & Beauty Aids (HBA), Market Sizing (primary research), and Preliminary Market Assessments. He can also develop custom market research projects based on specific client needs.

The consultant has designed and conducted hundreds of product tests, written manuals and lectured in field of product testing, especially regarding foods, beverages.

Expert conducted a study that measured the volume of use of an OTC product among residents of California, the results of which figured importantly in a court decision favorable to the client, the manufacturer of the product. Expert conducted a study of three TV commercials to determine if concerns expressed by the FTC that the commercials were misleading were in fact warranted. Expert conducted a study of label claims to determine if concerns expressed by the FTC that consumers would perceive the product as completely safe were in fact warranted.

Expert may consult nationally and internationally, and is also local to the following cities: New York, New York - Yonkers, New York - Bridgeport, Connecticut - New Haven, Connecticut - Hartford, Connecticut - Newark, New Jersey - Jersey City, New Jersey - Paterson, New Jersey - Springfield, Massachusetts - Philadelphia, Pennsylvania

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Year Degree Subject Institution
Year: 1959 Degree: B.A. Subject: Philosophy Institution: Yale College
Year: 1962 Degree: M.I.A. Subject: Industrial Administration Institution: Yale School of Engineering

Work History

Years Employer Title Department Responsibilities
Years: 1990 to 2015 Employer: ORC International, formerly Guideline Title: Sr Vice President Department: Responsibilities: Expert is in charge of surveys for court cases or NAD. Design and supervise studies that may be subjected to adversarial scrutiny at a Federal or State court, at a government agency, or the advertising industry self-regulatory agency, the NAD.
Years: 1968 to 1990 Employer: Wilkins & Associates, Inc. Title: President Department: Responsibilities: He ran the market research company. Market research supplier with approximately 10 employees serving companies in the food, beverage, fashion and travel industries with research planning and survey services
Years: 1967 to 1968 Employer: Land-Reitter Associates Title: Associate Department: Responsibilities: Expert was a consultant.
Years: 1966 to 1967 Employer: PKL Advertising Title: Assistant Director of Research Department: Responsibilities: He designed and analyzed survey research. Designed advertising research programs.
Years: 1963 to 1966 Employer: General Foods Corporation Title: Product Research Assistant Department: Responsibilities: Expert designed and analyzed survey research. Planned and analyzed the results of product tests and marketing surveys. Analyzed sales data.

Additional Experience

Expert Witness Experience
Expert testified at trial or by deposition in 16 cases in Federal and State courts and before the TTAB. He has appeared numerous times at the NAD.
Marketing Experience
Custom Market Research experience

Fields of Expertise

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