John V. O. Kennard — White Oaks Capital LLC

Summary

John V.O. (Jack)  Kennard  is an author and guest lecturer at the University level who serves as an Expert Witness in branded intellectual property and marketing related cases, including opinion on models and methods of brand building, sports marketing and brand equity valuation. Kennard also serves as a senior level executive consultant who helps develop and drive growth of new and established brands for both S&P 500 listed corporations and privately held smaller organizations.  He has over 30 years' corporate leadership experience in all aspects of marketing, sales and media management including brand positioning, trade dress, advertising, media, sales promotion,  new product development, agency selection, consumer insights, and sports event marketing. Kennard has ten years' experience teaching marketing at top ranked universities at both undergraduate and graduate levels. Jack Kennard is author of  recently published D-Day Journal — The Untold Story of a US Ranger on Omaha Beach.  Kennard earned a B.A. from University of Virginia in English Literature and an M.B.A. also from the University of Virginia (Darden). He is a former Captain, US Army and a Vietnam War veteran.

White Oaks Capital, LLC -2009-present d/b/a White Oaks Brands, White Oaks Licensing, White Oaks Capital LLC

Owner/Member

Professional consulting engagements for AE television, Brown-Forman Corporation, Golden West Trading, including licensing programs for Jack Daniel's Tennessee Whiskey, Kah tequila, Paramount Pictures and Reckitt Benckiser. Marketing direction for Fuzzy's Ultra Premium Vodka, Bolthouse Farms and other consumer branded products.

Founder of The Great Brands Fund™, the first equity fund that invests exclusively in a portfolio of great brands independent of categories and sectors.

Teaching Appointments and Lecturing at Major Universities

Distinguished executive-in-residence twice annually at the University of Virginia's McIntire School of Commerce (2003-continuing in 2014).

Adjunct Assistant Professor for both MBA (Brand Week) and EMBA (Managing the Global Enterprise) graduate degree granting programs at Vanderbilt University – Owen Graduate School of Management (2009-present).

Guest lecturer at Johnson Wales University, University of California San Diego, University of North Carolina School of Journalism and University of Louisville.

Corporate Experience

Brown-Forman Corporation, 1982-2009. Senior Vice President, with global marketing responsibilities for all Brown-Forman brands. From 1996-2002, he was the senior brand executive with PL responsibility for the Jack Daniel's family of brands, a $1.0+ Billion business

Del Monte Foods -Group Product Manager (1979-1982)

Kraft/General Foods Corporation — Senior Product Manager (1973-1979)

Between 2000 and mid-2009, among other responsibilities, Kennard was the senior executive with direct responsibility for more than 70 managers and executives at Brown-Forman Corporation engaged in worldwide consumer insights (marketing research), worldwide media planning and evaluation, all communication agency agreements, branded sales promotion programs, brand licensing and movie placement. The Jack Daniel's Tennessee Whiskey brand is the flagship brand owned by Brown-Forman and is the largest licensor in the world among all wine and spirit brands. Approximately 85 commercial licensing agreements are in force for Brown-Forman worldwide with annual retail sales exceeding $500,000,000.

From 2006-2009, Kennard was also responsible for global design services including packaging design and other elements of visual brand architecture. The design organization consisted of more than fifteen professionals. Kennard was also Dean of the College of Brand Excellence within Brown-Forman's Brand Building University. In this role he was responsible for delivering university-level curriculum to Brown-Forman marketing and selling organizations to nurture and sustain professional competency in brand building.

Sports Event Marketing Experience Highlights

Thoroughbred Horse Racing. 1987-1993 Early Times Turf Classic (Grade I) at Churchill Downs and 1994 –1996 Early Times triple Turf Classic (Grade I) at Churchill Downs, Pamlico and Belmont racetracks

NASCAR. 2005-2009 – Jack Daniel's Tennessee Whiskey sponsorship of 07 Sprint Cup car owned by Richard Childress

Open Wheel Racing -Indianapolis 500. Advisory role for golfing legend Fuzzy Zoeller and his initial entry into the Indy 500 with a racecar/driver sponsored by Fuzzy's Ultra Premium Vodka

Public Appearances, Manuals, Publications

 Author, D-Day Journal — The Untold Story of a US Ranger on Omaha Beach (Koehler, 2019). Keynote at the US Army War College Army heritage Weekend commemorating the 75th anniversary of the Normandy invasion. Keynote at the  International Trademark Association's (INTA) Chicago marketing conference — October, 2013.

“Key topic” program speaker at the International Licensing Industry Expo in Las Vegas on the role of licensing in building global brands.

Guest on The Today Show (NBC) on the topic of non-traditional advertising.

Managing Editor and contributing author Brown-Forman Way of Brand Building Versions 1, 2 3.0. This series was Brown-Forman's employee and partner manual for building brands the BF Way.

Co-author of a case study published in Cases and Readings for Non-profit Organizations by Kotler, Ferrell and Lamb, Prentice Hall Inc., c. 1983

Contributed to the first, second and third editions of Marketing Principles Perspectives by Bearden, Ingram and LaForge published by R.D. Irwin in 2001, 2002, 2003

Examples of Expert Reports, Depositions and Trial Activity

Maker's Mark Distillery, Inc., Plaintiff v. Diageo North America, Inc., Tequila Cuervo et.al. al., Defendants.  UNITED STATES DISTRICT COURT OF WESTERN KENTUCKY. Opinion and deposition on behalf of defendant on determination of damages in event of a finding of liability. June, 2009.

Maker's Mark Distillery, Inc., Plaintiff v. Tequila Cuervo et. al., Defendants. UNITED STATES DISTRICT COURT OF WESTERN KENTUCKY. Expert report, deposition and subsequent testimony in Federal District Court (bench trial) on behalf of defendants. November, 2009. No damages awarded.

Jim Beam Brands Co. (Old Crow), Plaintiff v. Diageo North America, Inc., Tequila Cuervo La Rojena S.A. DE C.V., Defendant. SUPREME COURT OF THE STATE OF NEW YORK, NEW YORK COUNTY.  Rebuttal report in response to Plaintiff's Expert regarding Old Crow bourbon brand. November, 2009.                                                     

Mount Snow, Ltd., Plaintiff v. NBC Universal, Alli, The Alliance of Action Sports, LLC, et. al. Civil Action No. 2:12-cv-00022-wks. Expert Opinion, deposition and FEDERAL DISTRICT COURT OF VERMONT. Report, deposition and juried trial courtroom testimony on the impact on the brand value and potential vulnerability in terms of brand equity dilution to Mount Snow Ski Resort caused by the termination of the Winter  Dew Tour at Mount Snow and its relocation to a regional competitor resort.  November, 2012 -May, 2014. Following Federal court jury trial testimony in May, 2014, jury found for Plaintiff Mount Snow and awarded $2.1 million damages.

Globefill Incorporated, Plaintiff (Crystal Head Vodka), v. Elements Spirits, Inc. (Kah Tequila), Defendant. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. As Defendant Elements Spirits, Inc.'s Expert Witness  I was asked to testify as an expert in three areas:    1) The validity of Plaintiff's expert  claim that Crystal Head Vodka and KAH brands of tequila share a common customer base and are competitive alternatives for consumers;  2)The validity of Plaintiff's claim that vodka and tequila are proximate and competitive; and  3)  Whether companies that offer both premium vodka and premium tequila brands adopt similar or differentiated approaches to visual brand identity. May, 2013-early 2014.  Gave testimony at Federal district court (Southern California) in a juried trial.  Decisive verdict for Defense.

Brown-Forman Corporation, Applicant v.  Agavera Camichines, S.A. DE C.V., Opposer. Opinion and Declaration for Opposer on  whether the Spanish word “ANTIGUO”, that is the subject of the Intention to Use Application  filed by the applicant, if used singularly as a trademark on distilled spirits, namely tequila will be perceived by consumers as descriptive of a quality of the product, or alternatively mis-descriptive of the product, and thereby deceptive, and whether use and registration of “ANTIGUO” as a trademark, can co-exist with use by numerous third parties of “ANTIGUO” as part of composite trademarks, without confusing the public.

24-7 DISTRIBUTION, LLC,  Opposer, v. SUGAR SKULL RUM COMPANY, LLC Applicant. Retained by Applicant.  In September, 2014,I was requested by counsel for Sugar Skull Rum Company, LLC to study the facts and circumstances in a trademark application dispute and provide knowledge and experience based testimony and other evidence to assist the USPTO's determination on whether there is any likelihood of consumer confusion between “Sugar Skull” rum and “Calavera” tequila.. Jan. 23, 2015, Calvera dismissed its opposition with prejudice.

HCW Retirement and Financial Services, LLC, Plaintiffs v.  HCW EMPLOYEE BENEFIT SERVICES, LLC, et al., Defendants.  NC  GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION.  Retained as an expert witness by Northen Blue, L.L.P., on behalf of Plaintiffs to offer testimony on the subjects of branding, the high value of successful brand building and the function of certain models and methods of brand building typically employed within the insurance and retirement services business as sources of increasing the value of a brand and its brand equity. I  offered an opinion on the role of the Hill, Chesson & Woody (HCW) brand in  cultivating and enhancing Plaintiff's business. I was asked to assess and offer opinion on the value of the HCW brand and to offer opinion on potential vulnerability in terms of business value dilution to Plaintiff caused by the termination of Plaintiff's ability to associate with or use in his business the HCW brand in its entirety including the HCW  brand identity, brand architecture and all communications that are linked to the HCW brand. Settled in December, 2015.

Beach Mart, Inc. v. L & L Wings, Inc.  Civ. No. 2:11-CV-44-F; Civ. No. 2:14-CV-52-F (E.D. N.C.)Opinion Witness Report  and  Rebuttal Expert Report of John V.O. Kennard  In Response to  Report of Jeffrey M. Samuels of February 20, 2015.  Testified on “The extent and duration of Shepard Morrow's rights or interest in the Wings trademarks”, and, separately, rebuttal report  to that of  Plaintiff's Expert. January, 2015 and continuing.

Rainbow School, Inc., Plaintiff, v. Defendants. Rainbow Early Education Holding LLC and REE Southeast, Inc. (Eastern District of North Carolina, Western Division. Civil Case No.: 5:14-cv-482. Defendants' expert in a trademark dispute arising from Plaintiff's claim of confusion and false advertising  under the Lanham Act and related claim of unfair competition. January, 2015 and continuing.