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 Expert  722787

Expert in Design and Analysis of Surveys to Substantiate Advertising Claims

Available for your Consulting and Expert Witness Needs

New York (NY)
Education Work HistoryPublicationsConsulting Services Expert Witness Market Research

Summary of Expertise:

Listed with other top experts in: 

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. Expert 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.


consumer survey


food product market survey


health care claims substantiation research


market research


advertising perception survey


advertising claim substantiation


trademark survey


design optimization


intellectual property


product optimization


product testing




gap analysis


trademark infringement


copyright infringement

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

food product


food product development


survey research


legal research

Show Secondary and Basic Areas of Expertise
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;  and Philadelphia, Pennsylvania.

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

Work History:
Years   Employer   Department   Title   Responsibilities

1990 to








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.

1968 to 1990


Expert, Wilkins & Associates, Inc.





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

1967 to 1968


Land-Expert Associates





Expert was a consultant.

1966 to 1967


PKL Advertising



Assistant Director of Research


He designed and analyzed survey research. Designed advertising research programs.

1963 to 1966


General Foods Corp.



Product Research Assistant


Expert designed and analyzed survey research. Planned and analyzed the results of product tests and marketing surveys. Analyzed sales data.

Publications and Patents Summary

Expert is published in the Journal of Marketing Research, and has given talks at the Advertising Research Foundation, Practicing Law Institute, American Society for Testing and Materials and others.

Consulting Services:
Selected Consulting Examples:
  • 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.
  • A likelihood of confusion survey was conducted on behalf of the defendant in Qwest v. Worldquest using both mall and Internet interviewing resulted in a favorable ruling.
  • 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.
  • He 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.
  • A secondary meaning study conducted on behalf of Home Depot was relied on by the Patent and Trademark Office to grant a trademark for an element of trade dress used in the stores.
Click the green button above to contact Expert for a free initial screening call regarding your expert consulting needs.  Expert is available for consulting to corporate, legal and government clients.  Remember, your initial screening call to speak with Expert is free.

Expert Witness:
Expert Witness Experience Summary:
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.
Recent Litigation Client Requests:
  • Trademark Survey expert for consulting on Whether a product package is causing confusion & dilution.
  • Consumer survey expert for consulting on consumer perception survey concerning electronic component purchases.
  • Best trademark survey expert for consulting on civil litigation for false advertising.
  • Expert for consulting on trademark survey accuracy litigation.
  • Trademark survey expert to conduct trademark survey on two web sites.
  • Survey expert for issues related to Proposition 65.
Click the green button above to contact Expert for a free initial screening call regarding expert testimony, litigation consulting and support, forensic services, or any related expert witness services.  A few litigation needs include product liability, personal injury, economic loss, intellectual property (patent, trademark, trade secret, copyright), and insurance matters.  Remember, your initial screening call to speak with Expert is free.

Market Research:
Custom Market Research experience

Click the green button above to contact Expert for a free initial screening call regarding your marketing research, industry research, and company research needs.  For research needs involving multiple experts or secondary research, a Research Director can be assigned to coordinate the work into a custom report for you as a potentially quicker and more cost effective alternative to doing this work yourself or hiring a boutique consultancy.  Remember, your initial screening call to speak with Expert is free.


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