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Branding, Trademark, Likelihood of Confusion & Copyright Infringement Expert Witness

Rob Wallace / Branding Expert

Rob Wallace / Branding Expert

669 Oradell Ave
Oradell, New Jersey 07649
(917) 860-0319

Website https://www.robwallaceexpert.com/

► Contact Rob Wallace / Branding Expert

Expert WitnessLitigation SupportSpeaker
Rob Wallace is the managing partner of Wallace Church, Inc., one of the most accomplished brand identity strategy and design consultancies, and the current principle of Best of Breed Branding Consortium. He has over 35 years of experience developing aspects of brand strategy, brand communications, and consumer survey analytics for national and global brands.

Mr. Wallace has been an expert witness in over 75 cases since 2000. He has testified at 40+ depositions and more than a dozen trials and arbitration hearings. He has served both plaintiffs and defendants in an approximate 60/40 ratio.

Mr. Wallace has authored and/or analyzed more than 1,000 consumer surveys, both for the court and for his brand consultancy. He has served both plaintiffs and defendants in an approximate 60/40 ratio. He has spoken and or keynoted at more than 50 design industry summits across the US, Europe, Latin America and Asia. He has authored numerous published articles, interviews, blogs and podcasts.

Mr. Wallace's core expertise is the ability to create and differentiate brand experiences that drive consumer awareness and purchase behavior.

Mr. Wallace has developed new brand and redesigned leading established brands for Procter & Gamble, Coca-Cola, Unilever, Pfizer, Nestle, Microsoft, Pepsico, Revlon, L'Oreal, Target, The Home Depot, Johnson & Johnson, Scott/Miracle Grow, Bacardi, E&J Gallo, Anheuser Busch, PNC Bank, Kroger, Dell, Mattel, and more than 30 national/global brand leaders of equal caliber.

Services

Rob Wallace offers services in the following areas: trademark infringement, trade dress infringement, copyright infringement, intellectual property infringement, false/deceptive advertising, packaging, package design, brand communications, brand identity, corporate identity, likelihood of consumer confusion, brand dilution, damages, licensing, consumer purchase decisions, consumer surveys, licensing, franchising, counterfeit, brand communications, website design, product design, brand affinity, consumer buying behavior, evident intent, unfair competition, and corrective advertising.

Industry Experience:
• Food/Beverage
• Personal Care
• OTC and Rx Healthcare
• Home Products
• HBA/Beauty Care
• Prestige Brands
• Toys/Sporting Goods
• Hard Goods Beer/Spirits
• B to B
• Apparel
• Retailer Brands
• Financial Services
• Technology Brands


Litigation Support Services

Rob Wallace has served as an expert witness on more than 75 cases involving Lanham Act issues such as trademark, trade dress and copyright infringement, likelihood of consumer confusion, brand dilution, damages, licensing, false/deceptive advertising, design patent and other relevant branding issues.

He has testified at 40+ depositions and more than a dozen trials and arbitration hearings. He has served both plaintiffs and defendants in an approximate 60/40 ratio.

Areas of Expertise

Additional Expertise:

Corporate Identity, Packaging Infringement, Trademark Infringement, Copyright Infringement, Design Patent Infringement, False/Deceptive Advertising/ Messaging, Licensing Disputes, IP Infringement Branding Industry Issues, Likelihood of Confusion, Secondary Meaning, Brand Dilution, Damages Assessment, Corrective Advertising.

Profile

Rob Wallace has served as an expert witness and legal consultant on brand and corporate identity related issues across the entire US and Puerto Rico. Rob has written articulate reports, conducted primary research and discovered secondary research. He has written reports rebutting opposing expert witnesses opinions. He has commissioned surveys and analyzed results. He has been deposed in almost all cases in which he has served.

Rob's legal expertise is verified by the unique credibility of his 29 years as the Managing Partner of Wallace Church Inc., one of the nation's most accomplished brand identity strategy and design firms. Rob has worked with over 4 dozen national and global consumer brand leaders from literally every consumer product category on brand and corporate identity strategy, brand communications and package design.

Rob has commissioned and been actively involved with more than 1,000 consumer research projects confirming the impact that brand identity and communications has on consumer buyer decisions. And as such, Rob is uniquely qualified to determine how brand equity is established and its financial value.

Professional Activities:

• Frequent speaker on brand identity design at more than 50 marketing, design and research industry events across the US, UK, Europe, Latin America and Asia
• Author of numerous articles and published case histories on brand identity design in the Wall Street Journal, Forbes, Brandweek, Design Management Journal, Package Design Magazine and numerous other publications
• Co Author “Really Good Package Design Explained, Rockport Press, 09
• Lecturer on brand identity at Columbia Business School, Georgetown University, Seton Hall, University of Texas, School of Visual Arts Masters in Branding and other MBA programs of leading universities
• Board of Directors, Design Management Institute
• Distinguished Faculty Member, Path to Purchase Institute, speaker at national conference for the last 10 years

Areas Served

All States and Puerto Rico

Professional Experience

Best of Breed Branding Consortium
2014 - Present
Managing Partner
• Leads a multi-disciplined team driven to prove the ROI of brand communication integration across every consumer touch point, from brand identity to advertising, packaging, shopper marketing, web development, social media and all other branding.

Wallace Church, Inc., New York, NY and San Francisco CA
1985 - 2014, 29 years
Managing Partner, Strategy
• Actively managed one of the world's most respected brand identity design consultancies.
• Provided strategic consulting on all branding issues including brand name development, brand identity, graphic and structural package design, trademark and copyright development, integration across advertising and all other brand communications.

Peter Cris Advertising, Inc., New York, NY
1984 - 1985
Vice President, Marketing
• Provided both the strategic and creative force for this regional advertising agency.
• Acted as primary liaison between clients and creative department.

Modular Marketing, Inc., New York, NY
1982 - 1984
Senior Account Manager
• Managed select client relationships through all creative and strategic aspects of project management for this marketing communications consultancy.
• Designed and developed brand promotion programs, corporate communications and brand identity assignments.

Grey Advertising, Inc., New York, NY
1981 - 1982
Senior Account Manager
• Actively participated in one of the world's largest advertising agencies through the Market Horizons function, consulting with core clients on advertising and new brand communications opportunities.


Legal Experience & Services

These cases include but are not limited to:

• John Deere v. MTD, U.S. District Court, Southern District of New York, 2005

• Prince Lionheart v. Halo Innovations, U.S. District Court, District of Colorado, 2007

• Johnson & Johnson v. Actavis Group, U.S. Federal Court, Southern District of New York, 2007

• Johnson & Johnson v. Perrigo Company and Perrigo New York, Inc., U.S. Federal Court, Southern District of New York, 2007

• ING Bank v. The PNC Financial Services Group, U.S. District Court, District of Delaware, 2009

• Platypus Wear Inc. v. Horizonte Fabricacao Distribuicao, U.S. District Court, Southern District of Florida, 2009

• Mars, Inc. v. The Hershey Company, U.S. District Court, District of Eastern Virginia, 2009

• Pom Wonderful, LLC v. Ocean Spray Cranberries, Inc., U.S. District Court, Central District of California, 2010

• Pom Wonderful LLC v. Welch's Foods Inc., U.S. District Court, Central District of California, 2011

• E. & J. Gallo Winery v. Trigo Corporation, U.S. District Court, District of Puerto Rico, 2011

• Too Faced Cosmetics, Inc. v. Almar Sales Co. Inc., et al., U.S. District Court, Central District of California, 2012

• Carson Optical Inc., v. Prym Consumer, U.S. District Court, Southern District of New York, 2012

• Akiro LLC, v. House of Cheatham and Robert H. Bell, U.S. District Court, Southern District of New York, 2013

• FTC v. Ardagh Group S.A., U.S. Federal Court, District of Columbia, 2013

• CA Square v. A2 et al., U.S. District Court, Southern District of New York, 2013

• Simone Kelly-Brown et al. v. Oprah Winfrey, Harpo Productions et al., U.S. District Court, Southern District of New York, 2014

• Devi Snacks v. HOS, U.S. District Court, Southern District of New York, 2014

• Dumond Chemicals, Inc., v. Chemique, Inc and Barry Dubin, Supreme Court, State of New York, 2014

• River Light VLP and Tory Burch LLC v. Lin & J International Inc et al. , U.S. District Court, Southern District of New York, 2014

• Woodbolt Distribution, LLC and General Nutrition Corporation, v. Altairia Corp., U.S. District Court, Southern District of New York, 2014

• Duke University v. John Wayne Enterprises, LLC U.S. Patent and Trademark Office Appeal Board, 2014

• Smart Vent Products, Inc v. Crawl Space Door System, Inc , U.S. District Court, Southern District of New Jersey, 2015

• Daniel Defense, Inc v. Remington Outdoor Company, U.S. District Court, Southern District of Georgia, Savannah Division, 2015

• Play Beverages, LLC, and CirTran Beverage Corp. v. Playboy Enterprises International, Inc, U.S. District Court, Court of Cook County Illinois, Chancery Division, 2015

• Ferring B.V., v. Fera Pharmaceuticals, Inc, et als . U.S. District Court, Southern District of New York, 2015

• Alexis LLC, v. French West, Inc. D/B/A Hale Bob, U.S. District Court, Southern District of Florida, 2015

• Newborn Bros. Co, Inc v. Albion Engineering Company, U.S. District Court, District of New Jersey, 2015

APPENDIX 4 TO WALLACE DECLARATION

• AntiAging Essentials, Inc., v. Trufood MFG, INC. F/K/A Tsudis Chocolate Co and Belmont Confection., U.S. District Court, District of Pennsylvania, 2016

• Pur Beverages v. Pom Wonderful, U.S. District Court, Southern District of California, 2016

• Zuru et al v. Telebrands Corp, , U.S. District Court, Eastern District of New Jersey, 2016

• Fireclean, LLC v. George Fennell and Steel Shield Technologies, Inc., U.S. District Court, Eastern District of Virginia, 2016

• S.C. Johnson & Sons v MiniGrip, U.S. District Court, Western District of Wisconsin 2017

• Andis Co Inc., v., Spectrum Brands Inc, U.S. District Court, Eastern District of Wisconsin 2017

• Gunterville Breathables, INC. v. Global Glove and Safety Manufacturing, Inc., U.S. District Court, Northern District of Alabama, 2017

• Texas Outhouse, Inc. and The Gainsborough Corporation v. Fresh Can, LLC., U.S. District Court, Southern District of Texas, 2017

• StudioThink, LLC v. Unitrex, LTD., Court of Common Pleas, Cuyahoga County Ohio, 2017

• Lokai Holdings, LLC v. Twin Tiger, LLC., U.S. District Court, Southern District of New York, 2017

• K&M International, Inc, v. Rhode Island Novelty, Inc., U.S. District Court, District of Rhode Island, 2017

• Simon Nicholas Richmont, Patent No: 7,429,827 Re-examination Control Number 90/013,860, U.S. Patent and Trademark Office, 2017

• Turn Key Wine Brands LLC v. CustomVine, et al, U.S. District Court, Central District of California, 2017

• CNY, LLC v. CCNY Inc., U.S. District Court, Southern District of New York, 2017

• Redbox Automated Retail, LLC v. Xpress Retail LLC., U.S. District Court, Northern District of Illinois, 2018

• Simon Nicholas Richmond in two Reexamination proceedings in the United States Patent and Trademark Office (USPTO), Reexamination Control No. 90/013,860 and 90/013,861, 2018

• Roger Cofelt Jr., et als, v. The Kroger Company, et al, U.S. District Court, Central District of California, 2018

• Quality Products, Inc., v. Verka Food Products LTD et al, U.S. District Court, Western District of Washington, Seattle, 2018

• Shaya Eidelman v. Sun Products Corp and Costco Wholesale Corp, U.S. District Court Southern District of New York, 2018

• Flying Nurses International LLC v. Flyingnurse.com et al. U.S. District Court, Eastern District of Virginia, 2018

• GDM Enterprises, LLC (Pure Cosmetics) v Astral Health & Beauty, INC., (PUR Cosmetics),U.S. District Court, Western District of Missouri, 2019

• Bama ICEE, LLC, et al v J&J Snack Foods Corp., et al. U.S. District Court, Northern District of Alabama, 2019

• The Black & Decker Corporation, et al. v. Harbor Freight Tools, INC., Report for Mediation, 2019

• 1231 Barrage Inc et al. v. Automobile Dealers Assoc of Greater Philadelphia et al., Philadelphia County Court of Common Pleas, 2019

• Christopher Hayden v. Eagles Nest Outfitters, Inc. et al., US District Court Western District of North Carolina, 2019

• Chantel Ray Finch v. Weigh Down Workshop Ministries, Inc. et al., US District Court, Eastern District Of Virginia, Norfolk Division, 2019

• Scorocs LLC v. Innovations for Poverty Action Inc., US District Court, Western District Of Missouri, At Kansas City, 2019

• Good L Corp v. Fasteners for Retail, Inc., US District Court, Middle District of Tennessee, 2019

• Sunny Days Entertainment LLC v. Traxxas L.P., US District Court, District of South Carolina Greenville Division, 2019

• Venus Et Fleur, LLC v. Affordable Luxury NY, Inc dba Pret A Fleur, et al, US Court, Southern District of New York, 2019

• Rhino Metals Inc, v Sturdy Gun Safe Inc, US District Court, District Idaho, 2019

• American Customer Satisfaction Index, LLC v Genesys Telecommunications Laboratories, et al, US District Court, Eastern District of Michigan, Southern Division, 2020

• I.M. Wilson, Inc v Obchtchestvo S Ogranitchennoy Otvetsvennostyou “Grichko”, et al, US Distinct Court, Eastern District of Pennsylvania, 2020

• Country Life v. The Hain Celestial Group, Inc, US District Court, Eastern District of New York, 2020

• P&P Imports v. Johnson Enterprises et al, US District Court, Central District of California, 2020

• Sulzer Mixpac AG, v. DXM Co LTD et al, US District Court, Southern District of New York, 2020

• Jalinski Advisory Group, Inc v. JBL Financial Services , US District Court, Eastern Division of Missouri, 2020

• Jalinski Advisory Group, Inc v. Franklin Retirement Solutions , US District Court, Eastern District of Pennsylvania, 2020

• .New NGC, et al v Alpinebay Inc., U.S. District Court, Northern District of Illinois, Eastern Division, 2020

• Otter Products, LLC et al v Big Birds, LLC et al, U.S. District Court, District of Colorado, 2020

• American Customer Satisfaction Index, LLC v ForeSee Results, et al, US District Court, Eastern District of Michigan, Southern Division, 2021

• American Medical Experts, LLC v Ronny Nizard Hamad, et al, US District Court, Eastern District of Virginia, 2021

• Thrive Natural Care Inc. v. Thrive Causemetics, Inc, US District Court, Central District of California, 2021

• BMC Software, Inc v. Baker Hughes, a GE Company et al, US District Court, , Southern District of California, 2021

• Abbott Laboratories, Freestyle Libre, Reexamination Trade Dress Proceedings in the United States Patent and Trademark Office (USPTO), 2021

• Glam and Glitz Nail Design Inc. v. IGel Beauty LLC et al, US District Court, , Central District of California, 2021

• Spark Therapeutics v. Sun Pharma Advanced Research Co., US Patent and Trademark Office before the Trademark Trial and Appeal Board, 2021

• Simpson Strong-Tie Co. Inc. v. Mitek, Inc., US District Court, Northern District of California, 2021

• Diamond Assets, LLC v. Device Cycles, LLC et al., US District Court for the Western District of Wisconsin, 2021

• Spark Therapeutic, Inc. v. Sun Pharma Advanced Research Company LLC, US Patent and Trademark Office, 2021

• Orange Bang Inc and Monster Energy v. Vital Pharmaceuticals Inc., American Arbitration Office, Los Angeles California, 2021

• Glam and Glits v Igel Beauty, US District Court for the Central District of California Southern Division, 2022

• I&I Hair Corp v. Beauty Plus et al US District Court for the Northern District of Texas Dallas Division, 2022

• Certain Casual Footware and Packaging Thereof, The United States International Trade Commission, Washington DC, 2022

• Thrive Natural Care Inc. v LeVel Brands, LLC., US District Court for the Central District of California, 2022

• Ace Group International, LC and Ace Group Bowery LLC v. 225 Bowery, LLC, Arbitration Administered by the International Chamber of Commerce, 2022

• Opulent Treasures, Inc v Portofino International, US District Court for the Central District of California, 2022 ?

• Macy's IP Holdings, LLC v Aroma350, Inc., US District Court for the Southern District of New York, 2022 ?

• Independent BDSI Owners Association et. al v. Super Bee Holdings, American Arbitration Association, 2022 ?

• Woodstock Ventures LC et al v. Woodstock Roots, LLC et al, US District Court for the Southern District of New York, 2022


Affiliations

• Design Management Institute, Board of Directors
• Path to Purchase Institute, Distinguished Faculty
• Shelf Impact Magazine, Board of Advisors
• American Marketing Association
• Association of Professional Design Firms
• Color Marketing Group
• American Institute of Graphic Arts


Awards & Honors

Winner of literally hundreds of national and global Platinum, Gold and Silver awards including Clio, PentAwards, AIGA, The DieLine, The Art Director's Club and more than several other national and international branding related industry associations.


Seminars & Training

• Frequent speaker on brand identity design at more than 50 marketing, design and research industry events across the US, UK, Europe, Latin America and Asia.
• Author of numerous articles and published case histories on brand identity design in the Wall Street Journal, Forbes, Brandweek, Design Management Journal, Package Design Magazine and numerous other publications.
• Lecturer on brand identity at Columbia Business School, Georgetown University, Seton Hall, University of Texas, School of Visual Arts Masters in Branding and other MBA programs of leading universities.
• Distinguished Faculty Member, Path to Purchase Institute, speaker at national conference for the last 10 years.


Publications

Authored Books:

“Really Good Packaging Explained”, Rockport Publishing, 2009 coauthored with Brownwin Edwards, Marianne Klimchuk, and Sharon Werner

Contributions to other Books:

“What Makes a Great Private Brand”, Forward to Fifty2, The My Private Brand Project, Christopher A. Durham, 2014

“Interview with Rob Wallace”, featured in Build Your Own Brand, Robin Landa, 2014

Authored Articles:

Mr. Wallace has written more than 3 dozen articles including but not limited to:

“The Tropicana Trouble and How It May Have Been Prevented”, Package Digest, 2009
“Blood, Sweat and Tiers, Building Optimal Brand Identity Architectures”, GAIN, AIGA Journal of Business and Design, June 2008
“Heinz Turns Iconic Authenticity Into Fresh Relevance”, The Hub, September 2007
“Design ROI Envisioned”, Step Inside Design, July/August 2007
“Be Smart Be Simple”, Design Management Review, Spring 2006
“Proving our Value: Measuring Package Design's Return on Investment”, Design Management Journal, Summer 2001
“The High Cost of Saving Money”, Package Digest, Summer 2000
“Icons, Your Brand's Visual Essence, Brandweek, Spring 2000
“Amazing Pace, Shared Views on the Design Process”, Design Management Journal, Spring 2000.


Professional References

Lisl Dunlop
Shearman & Sterling
599 Lexington Avenue
New York, NY 10022
212-848-8010

Jason Swergold
Shearman & Sterling
599 Lexington Avenue
New York, NY 10022
212-848-5414
[email protected]

Douglas Rettew
Finnegan, Henderson, Farabow, Garrett & Dunner
901 New York Avenue, NW
Washington, DC 20001
202-408-4161
[email protected]

James V Masella
Peterson Belknap Webb & Tyler
1133 Avenue of the Americas
New York, New York 10036
212-336-2000
[email protected]

Jon Gelchinsky
Pierce Atwood
Merrill's Wharf 254 Commercial St.
Portland, ME 04101
207-791-1203
[email protected]

Kirsten Stoll Debell
Merchant & Gould
1050 17th St, Suite 1950
Denver, CO 80265
303-357-1670
[email protected]

Norman Zivin
Cooper & Dunham
118 Avenue Of The Americas
New York, NY 10036
212-278-0400
[email protected]

Patricia Lawrence Kolaras, Esq.
The PLK Law Group
284 U.S. Route 206, Bldg. E. Suite 10
Hillsborough, NJ 08844
908-431-3108
[email protected]

Michael H. Riney
Vantage Law Group
600 West Broadway, Suite 950
San Diego, CA 92101
619-330-3003
[email protected]

Celeste M. Butera
Hoffmann & Baron
6900 Jericho Tpke.,
Syosset, NY 11791
516-608-4707
[email protected]

Amanda J. Mooney
Goodman Mooney& Berstein
8001 Irvine Center Dr., Suite 1170
Irvine, CA 92618
949-622.0020
[email protected]

Additional references available on request


Education

MBA Coursework at The New School, NYC, NYC
Magna Cum Laude, Gettysburg College, Gettysburg, PA




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