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Case 3:17-cv-00795-SI Document 1 Filed 05/22/17 Page 1 of 18

J. Peter Staples, OSB No. 79404
E-mail: pete@chernofflaw.com
Jack R. Scholz, OSB No. 135903
E-mail: jscholz@chernofflaw.com
CHERNOFF VILHAUER LLP
111 SW Columbia Street, Suite 725
Portland, Oregon 97201
Telephone: (503) 227-5631
Attorneys for Plaintiff PHGS, LLC

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

PHGS, LLC, an Oregon Limited Liability Case No. 3:17-cv-00795
Company,

Plaintiff, COMPLAINT FOR TRADEMARK
INFRINGEMENT AND UNFAIR
v. COMPETITION

L&L EXHIBITION MANAGEMENT, INC.,
a Minnesota corporation, TRADEMARK CASE

Defendant.
JURY TRIAL DEMANDED

Plaintiff PHGS, LLC, for its Complaint against defendant alleges as follows:

1. Plaintiff PHGS, LLC (“PHGS”) is an Oregon limited liability company with

offices in Lake Oswego, Oregon.

2. PHGS has two members: Home Builders Association of Metropolitan Portland

(“HBA”) and To-Ro, Inc., doing business as O’Loughlin Trade Shows (“OTS”).

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3. Upon information and belief, defendant L&L Exhibition Management, Inc.

(“L&L”) is a Minnesota corporation with offices in Bloomington, Minnesota. L&L is in the

business of producing home shows at various locations in the United States.

4. The claims for trademark infringement and unfair competition arise under the

Lanham Act, as amended, 15 U.S.C. § 1051 et seq. This Court has subject matter jurisdiction

over Claims 1–4 pursuant to 28 U.S.C. §§ 1331 and 1338(a), and 15 U.S.C. § 1121. The Court

has supplemental jurisdiction over Claims 5–7 pursuant to 28 U.S.C. § 1367.

5. This Court has personal jurisdiction over defendant L&L, because L&L has

produced home shows in this district, infringed PHGS’s trademarks in this district, and unfairly

competed with PHGS in this district. Venue is proper in this district pursuant to 28 U.S.C. §

1391(b)(2)&(3).

FACTS

6. For over 70 years, PHGS or its predecessors have produced home shows in

Portland, Oregon.

7. Sometime around 1948, the HBA began to produce a show known as the

“Portland Home Show.” Early advertisements and promotional materials are attached as Exhibit

A.

8. In the early 1960s, HBA partnered with OTS to produce the “Portland Home

Show.” That relationship later led to the formation of PHGS in 2008.

9. In about 1973, HBA started calling its home show the “Portland Home & Garden

Show,” but many people still knew it and referred to it as the “Portland Home Show.”

10. In about 1989, PHGS or its predecessors began producing a fall home show called

the “Portland Fall Home & Garden Show.”

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11. In about 2008, PHGS designated its spring home show as the “Portland Spring

Home & Garden Show,” but many people still referred to the show as the “Portland Home

Show.”

12. For over 70 years, HBA’s home show, or home and garden show, has been known

to many exhibitors, advertisers, and attendees as the “Portland Home Show.”

13. In recognition of this traditional long used and well-known name and trademark,

PHGS reintroduced “Portland Home Show” in 2014 on its website www.portlandhomeshow.net

as shown in Exhibit B. PHGS also advertises its shows using OTS’s website www.otshows.com.

14. The trademark PORTLAND HOME SHOW has acquired distinctiveness as a

home show produced annually by PHGS.

15. PHGS is the owner of the following U.S. Trademark Registrations:

PORTLAND HOME SHOW – Reg. No. 4,599,122

PORTLAND HOME AND GARDEN SHOW – Reg. No. 1,509,534

PORTLAND FALL HOME & GARDEN SHOW – Reg. No. 4,305,219

PORTLAND SPRING HOME & GARDEN SHOW – Reg. No. 3,424,920

These trademarks are attached as Exhibits C.

16. PHGS is the owner of the following Oregon State Trademark Registrations:

PORTLAND HOME & GARDEN SHOW – Reg. No. 42075

PORTLAND FALL HOME & GARDEN SHOW – Reg. No. 39204

PORTLAND SPRING HOME & GARDEN SHOW – Reg. No. 40687

A list from the Oregon Secretary of State website showing these trademarks is attached as

Exhibits D.

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17. PHGS is the owner of the following assumed business names:

Portland Home Show – 03442-54

Portland Home & Garden Show – 283217-92

Portland Fall Home & Garden Show – 294418-96

Portland Spring Home & Garden Show – 561144-90

These assumed business names are attached as Exhibit E.

18. L&L’s business model is to travel to a location with an established and successful

home show and produce a similarly named show several weeks in advance of the established

show. L&L’s pattern of behavior is described in a 2000 decision by the U.S. Court of Appeals

for the Eighth Circuit, Home Builders Association of Greater St. Louis v. L&L Exhibition

Management, Inc., 226 F.3d 944 (8th Cir. 2000). A copy of the Eighth Circuit’s decision is

attached as Exhibit F. In this decision, the Eight Circuit affirmed a finding by the U.S. District

Court for the District of Missouri that L&L competed unfairly with the St. Louis Home Builder’s

Association (“SLHBA”). According to the Eighth Circuit:

As it has in other markets, L&L sought to piggyback on the success of the well-
established [SLHBA] shows. L&L called its show “The Home Improvement &
Building Show,” a name quite similar to the name of [SLHBA]’s spring show.
L&L marketed its new show as “The St. Louis Home Show,” or simply “The
Home Show,” names that [SLHBA] had used in the past and that St. Louis
consumers had come to associate with [SLHBA] shows.

19. Since 1999, L&L has been on notice that PHGS, HBA, and/or OTS objects to

L&L’s use of a name that includes both “Portland” and “Home.”

20. Lawyers for PHGS and OTS wrote to L&L in November 1999, May 2000,

November 2000, and June 2005, objecting to L&L’s use of a name or advertisement that was

likely to cause confusion with the Portland Home and Garden Show. L&L agreed to change the

name of its show to the “Build Remodel and Landscape Show.”

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21. Upon information and belief, L&L advertises its “Portland Renovation &

Landscaping Show” and “Portland Build, Remodel & Landscape Show” using its website

www.homeshowcenter.com. As shown in Exhibit G, L&L used its website to advertise its

“Portland Renovation & Landscaping Show” held January 27–29, 2017, and currently advertises

the 2018 show as “TBD.” The HTML source code for this website can be found in Exhibit H.

22. Upon information and belief, L&L advertises its “Portland Build, Remodel &

Landscape Expo” on the website www.tradeshowz.com/portland-home-show. As shown in

Exhibit I, this website displays a bold title Portland Home Show 2017 to refer to the Portland

Build, Remodel & Landscape Expo, held January 6–8, 2017. The HTML source code for this

website can be found in Exhibit J.

23. As shown in the HTML source code for both www.homeshowcenter.com and

www.tradeshowz.com, L&L uses keywords including PHGS’s registered trademark

PORTLAND HOME SHOW.

24. Upon information and belief, L&L uses keywords including PORTLAND HOME

SHOW so that its websites display in internet search engines in a manner that confuses internet

users into believing its shows are PHGS’s shows.

25. L&L’s use of the keyword PORTLAND HOME SHOW on its websites causes

one website to appear twice in a single Google search for the phase “Portland Home Show”:

Portland Home Show: Home and Garden: Build, Remodel, and…
www.homeshowcenter.com/overview/portland
Home Show: Portland Build, Remodel and Landscape Show, TBA, 2018, at the Oregon
Convention Center, Hall A/A1.

Portland Home Show: Home and Garden: Renovation and…
www.homeshowcenter.com/overview/portlandhome2
Home Show: Portland Renovation & Landscaping Show, TBA, 2018, at the Portland
Veterans Memorial Coliseum.

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The complete first results page showing the Google search results for the phase “Portland Home

Show” is attached as Exhibit K.

26. L&L’s use of the keyword PORTLAND HOME SHOW on its websites causes

both of its websites to appear a total of three times in a Bing search for the phrase “Portland

Home Show”:

Portland Home Show: Home and Garden: Renovation and...
www.homeshowcenter.com/overview/portlandhome2
Home Show: Portland Renovation & Landscaping Show, January 27–29, 2017, at the
Portland Veterans Memorial Coliseum

Portland Home Show 2017 | Portland Build Remodel…
https://tradeshowz.com/portland-home-show
Portland Home Show 2017 also known as Portland Build Remodel & Landscape Expo
will start in Jan 2017 in Portland, OR

Portland Home Show: Home and Garden: Build, Remodel, and…
www.homeshowcenter.com/oreview/portland
Home Show: Portland Build, Remodel & Landscape Show, TBA, 2018, at the Oregon
Convention Center, Hall A/A1

The complete first results page showing the Bing search results for the phase “Portland Home

Show” is attached as Exhibit L.

27. In addition to using PORTLAND HOME SHOW as a keyword, the website

www.tradeshowz.com/portland-home-show includes the words “Portland Home Show” in its

domain name, prominently displays Portland Home Show 2017 in large bold letters on its

website, and includes the words several additional times on its website when referring to L&L’s

“Portland Build, Remodel and Landscape Expo.”

28. Referring to Exhibit H and Exhibit J, L&L also uses in its HTML source code the

keywords “Portland,” “home and garden,” “home and garden shows,” “home,” “show,” “expos,”

“expo,” and “home expo.” While these other keywords are not by themselves owned by PHGS,

they are words or phrases in PHGS’s registered trademarks PORTLAND HOME SHOW and

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PORTLAND HOME & GARDEN SHOW and are calculated to steer searches on internet search

engines for PHGS’s shows, to the websites advertising L&L’s dissimilarly named competing

shows.

29. A further indication of L&L’s intent to divert people from PHGS’s show is shown

by L&L’s use of the keyword “expo” in its HTML source code. PHGS’s “Portland Home

Show,” also referred to as the “Portland Home & Garden Show” is held at the Portland Expo

Center. In contrast, L&L shows are held at the Portland Convention Center or the Portland

Veteran’s Memorial Coliseum.

30. On November, 21, 2016, PHGS sent a letter to L&L requesting that L&L cease

using the names “Portland Home Show” and “Portland Home & Garden Show,” or any

combination of words that is likely to cause confusion. At the time of PHGS’s letter, the shows

advertised by L&L were only a few months away, so PHGS requested that L&L immediately

cease use of PHGS’s marks.

31. L&L never responded to PHGS’s November 21, 2016 letter and continued to use

PHGS’s trademarks.

32. Upon information and belief, L&L or its representatives have contacted PHGS’s

clients (customers, exhibitors, or both) and told them that one of L&L’s shows was the Portland

Home Show.

33. PHGS exhibitors have contacted OTS asking about a January 2017 home show,

even though PHGS does not produce a show in January. In contrast, L&L produced two home

shows in January 2017.

34. PHGS exhibitors and HBA members have contacted the HBA confused about

whether the L&L shows were the same as or related to the historic Portland Home Show.

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35. L&L was aware of PHGS’s registration of PORTLAND HOME SHOW prior to

using the keyword “Portland Home Show” in the HTML source code for its websites.

36. L&L was aware of PHGS’s prior use of PORTLAND HOME SHOW prior to

using the keyword “Portland Home Show” in the HTML source code for its websites.

37. L&L was aware of PHGS’s use of PORTLAND HOME SHOW prior to causing

the words Portland Home Show: Home and Garden to appear on internet search engines for

L&L’s website when searching the phrase “Portland Home Show.”

38. L&L was aware of PHGS’s use of PORTLAND HOME SHOW prior to causing

the words Portland Home Show 2017 to appear on internet search engines for L&L’s website

when searching the phrase “Portland Home Show.”

39. L&L was aware of PHGS’s use of PORTLAND HOME SHOW prior to causing

the words “Portland Home Show 2017 also known as the Portland Build Remodel and

Landscape Expo” to appear on internet search engines as the description for L&L’s website

when searching the phrase “Portland Home Show.”

40. L&L was aware of PHGS’s use of PORTLAND HOME SHOW prior to

displaying the words Portland Home Show 2017 on its website.

41. L&L was aware of PHGS’s use of PORTLAND HOME SHOW prior to

repeatedly referring to L&L’s “Portland Build, Remodel & Landscape Expo” as the “Portland

Home Show” on its website.

42. L&L’s actions as described above is likely to cause and has caused confusion

among exhibitors and consumers who believe that the earlier scheduled L&L shows are actually

the established and well known “Portland Home Show” and “Portland Home & Garden Show,”

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thereby diverting tradespeople, exhibitors, attendees, and advertisers away from PHGS’s

established shows.

43. Upon information and belief, the confused persons who may have mistakenly

participated in or attended one of the L&L home shows were deceived and discouraged, and did

not attend or participate in the genuine “Portland Home Show” and “Portland Home & Garden

Show.”

44. L&L offers substantially similar services in its shows entitled “Portland

Renovation & Landscaping Show,” “Portland Build, Remodel & Landscape Show,” and

“Portland Build, Remodel & Landscape Expo” as does PHGS in its “Portland Home Show” and

“Portland Home & Garden Show.”

45. By causing internet search engines to display Portland Home Show: Home and

Garden, L&L is likely to cause confusion with PHGS’s prior use of its trademarks PORTLAND

HOME SHOW and PORTLAND HOME & GARDEN SHOW for the same services. PHGS has

been damaged by L&L’s conduct.

46. Upon information and belief, L&L has profited from its infringing, deceitful and

unlawful activities.

47. L&L’s display of Portland Home Show 2017 on its website is likely to cause

confusion with PHGS’s prior use of its trademarks PORTLAND HOME SHOW and

PORTLAND HOME & GARDEN SHOW for the same services. PHGS has been damaged by

L&L’s conduct.

48. L&L’s repeated reference to the “Portland Home Show” as another name for

L&L’s “Portland Build, Remodel & Landscape Expo” is likely to cause confusion with PHGS’s

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prior use of its trademarks PORTLAND HOME SHOW and PORTLAND HOME & GARDEN

SHOW for the same services. PHGS has been damaged by L&L’s conduct.

49. PHGS has been damaged and will continue to be damaged by L&L’s use of

names which are the same as or deceptively similar to the names and trademarks used by PHGS.

50. L&L’s use of PORTLAND HOME SHOW has been deliberate, willful,

malicious, and in reckless disregard of PHGS’s rights.

51. By reason of L&L’s deliberate, malicious, and unlawful actions, PHGS is entitled

to its damages, L&L’s profits, the costs of this action, enhanced damages, punitive damages, and

attorney fees.

FIRST CLAIM FOR RELIEF
Statutory Trademark Infringement of PORTLAND HOME SHOW
(15 U.S.C. § 1114)

52. PHGS repeats the allegations of Paragraphs 1 through 51.

53. This claim arises under 15 U.S.C. § 1114.

54. L&L’s conduct described above has infringed PHGS’s Registered Mark

PORTLAND HOME SHOW and PHGS has been and will continue to be damaged by L&L’s

use of “Portland Home Show,” “Portland Home Show 2017,” www.tradeshowz.com/portland-

home-show, “Portland Home Show: Home & Garden,” and representing that “Portland Home

Show” is another name for one of L&L’s competing shows.

55. Pursuant to 15 U.S.C. §§ 1116 and 1117, PHGS is entitled to an injunction and

damages, including treble damages, costs, and L&L’s profits.

56. L&L’s actions have been willful, deliberate, and malicious, with knowledge of

PHGS’s rights and registrations, and therefore this case is exceptional under 15 U.S.C. § 1117

entitling PHGS to an award of reasonable attorney fees.

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SECOND CLAIM FOR RELIEF
Statutory Trademark Infringement of PORTLAND HOME & GARDEN SHOW
(15 U.S.C. § 1114)

57. PHGS repeats the allegations of Paragraphs 1 through 56.

58. This claim arises under 15 U.S.C. § 1114.

59. L&L’s conduct described above has infringed PHGS’s Registered Mark

PORTLAND HOME & GARDEN SHOW and PHGS has been and will continue to be damaged

by L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshowz.com/portland-home-show, “Portland Home Show: Home & Garden,” and

representing that “Portland Home Show” is another name for one of L&L’s competing shows.

60. Pursuant to 15 U.S.C. §§ 1116 and 1117, PHGS is entitled to an injunction and

damages, including treble damages, costs, and L&L’s profits.

61. L&L’s actions have been willful, deliberate, and malicious, with knowledge of

PHGS’s rights and registrations and therefore this case is exceptional under 15 U.S.C. §1117

entitling PHGS to an award of reasonable attorney fees.

THIRD CLAIM FOR RELIEF
Federal Statutory Unfair Competition – PORTLAND HOME SHOW
(15 U.S.C. § 1125(a))

62. PHGS repeats the allegations of Paragraphs 1 through 61.

63. This claim arises under 15 U.S.C. § 1125(a).

64. With respect to PHGS’s mark PORTLAND HOME SHOW, L&L’s activities

described above have caused and/or are likely to cause confusion, to cause mistake, or to deceive

as to the origin, sponsorship, or approval of L&L’s home show services by PHGS. Such likely

confusion, mistake, or deception as to the origin of L&L’s services under § 1125(a) is

independent of the rights afforded by to PHGS’s registration for PORTLAND HOME SHOW

mark under § 1114.

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65. PHGS has been and will continue to be damaged by L&L’s conduct.

66. Pursuant to 15 U.S.C. §§ 1116 and 1117, PHGS is entitled to an injunction and

damages, including treble damages, costs, and L&L’s profits.

67. L&L’s activities have been deliberate, willful, and malicious, with knowledge of

PHGS’s rights in PORTLAND HOME SHOW and in deliberate and reckless disregard of those

rights, and therefore this case is exceptional under 15 U.S.C. §1117, entitling PHGS to an award

of its reasonable attorney fees.

FOURTH CLAIMS FOR RELIEF
Federal Statutory Unfair Competition PORTLAND HOME & GARDEN SHOW
(15 U.S.C. § 1125(a))

68. PHGS repeats the allegations of Paragraphs 1 through 67.

69. This claim arises under 15 U.S.C. § 1125(a).

70. With respect to PHGS’s mark PORTLAND HOME & GARDEN SHOW, L&L’s

activities described above have caused and/or are likely to cause confusion, to cause mistake, or

to deceive as to the origin, sponsorship, or approval of L&L’s home show services by PHGS.

Such likely confusion, mistake, or deception as to the origin of L&L’s services under § 1125(a)

is independent of the rights afforded by PHGS’s registration for PORTLAND HOME &

GARDEN SHOW mark under § 1114.

71. PHGS has been and will continue to be damaged by L&L’s conduct.

72. Pursuant to 15 U.S.C. §§ 1116 and 1117, PHGS is entitled to an injunction and

damages, including treble damages, costs, and L&L’s profits.

73. L&L’s activities have been deliberate, willful, and malicious, with knowledge of

PHGS’s rights in PORTLAND HOME SHOW and in deliberate and reckless disregard of those

rights, and therefore this case is exceptional under 15 U.S.C. § 1117, entitling PHGS to an award

of its reasonable attorney fees.

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FIFTH CLAIM FOR RELIEF
Infringement of Oregon Registered Trademark PORTLAND HOME & GARDEN SHOW
(Or. Rev. Stat. § 641.095, et seq.)

74. PHGS repeats the allegations of Paragraphs 1 through 73.

75. This claim arises under Or. Rev. Stat. § 641.095, et seq.

76. L&L’s activities as described above have used a colorable imitation of

PORTLAND HOME & GARDEN SHOW in advertisements that are used in connection with the

sale of services within the state in a manner that has caused or is likely to cause confusion or

mistake or to deceive as to the origin of such services.

77. PHGS has been damaged by L&L’s conduct.

78. Pursuant to Or. Rev. Stat. § 647.105, PHGS is entitled to an injunction to restrain

further use or display of PHGS’s mark or colorable imitation thereof. PHGS is also entitled to

L&L’s profits derived from use of PHGS’s mark and the damages suffered by PHGS by reason

of L&L’s wrongful conduct.

79. L&L’s activities were in bad faith and with knowledge of PHGS’s rights in and

registration of PORTLAND HOME & GARDEN SHOW. Pursuant to Or. Rev. Stat. § 647.105,

PHGS is entitled to a judgment three times the sum of L&L’s profits and PHGS’s damages, as

well as reasonable attorney fees.

SIXTH CLAIM FOR RELIEF
Common Law Trademark Infringement of PORTLAND HOME SHOW

80. PHGS repeats the allegations of Paragraphs 1 through 79.

81. This claim arises under the common law.

82. By reason of PHGS’s prior long use of PORTLAND HOME SHOW for home

show services, PHGS has acquired common law trademark rights in PORTLAND HOME

SHOW for such services.

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83. L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshowz.com/portland-home-show, “Portland Home Show: Home & Garden,” and

repeated representations that “Portland Home Show” is another name for one of L&L’s

competing shows for home show services has caused and/or is likely to cause confusion and

therefore infringes PHGS’s rights in PORTLAND HOME SHOW. PHGS has been and will

continue to be damaged by L&L’s activities unless L&L is enjoined from using PORTLAND

HOME SHOW and any names, marks or phrases confusingly similar thereto.

84. L&L’s activities have been willful and malicious with full knowledge of PHGS’s

rights in PORTLAND HOME SHOW and in deliberate or reckless disregard of such rights. As a

consequence, PHGS is entitled to injunctive relief, damages, costs, L&L’s profits, and punitive

damages in the amount of ten times the damages suffered by PHGS.

SEVENTH CLAIM FOR RELIEF
Common Law Trademark Infringement of PORTLAND HOME & GARDEN SHOW

85. PHGS repeats the allegations of Paragraphs 1 through 84.

86. This claim arises under the common law.

87. By reason of PHGS’s prior long use of PORTLAND HOME & GARDEN SHOW

for home show services, PHGS has acquired common law trademark rights in PORTLAND

HOME & GARDEN SHOW for such services.

88. L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshowz.com/portland-home-show, “Portland Home Show: Home & Garden” and

repeated representations that “Portland Home Show” is another name for one of L&L’s

competing shows for home show services has caused and/or is likely to cause confusion and

therefore infringes PHGS’s rights in PORTLAND HOME & GARDEN SHOW. PHGS has been

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and will continue to be damaged by L&L’s activities unless L&L is enjoined from using

PORTLAND HOME SHOW and any names, marks, or phrases confusingly similar thereto.

89. L&L’s activities have been willful and malicious with full knowledge of PHGS’s

rights in PORTLAND HOME & GARDEN SHOW and in deliberate or reckless disregard of

PHGS’s rights. As a consequence, PHGS is entitled to injunctive relief, damages, costs, L&L’s

profits, and punitive damages in the amount of ten times the damages suffered by PHGS.

PRAYER

PHGS prays for judgment in its favor on all claims for relief and for an Order:

(a) That L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshowz.com/portland-home-show, “Portland Home Show: Home & Garden,” and

repeated representations that “Portland Home Show” is another name for one of L&L’s

competing shows infringes PHGS’s registered PORTLAND HOME SHOW mark under 15

U.S.C. § 1114, that PHGS has been damaged by such infringement, and that such infringement is

willful, malicious, and in deliberate or reckless disregard of the rights of PHGS;

(b) That L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshowz.com/portland-home-show, “Portland Home Show: Home & Garden,” and

repeated representations that “Portland Home Show” is another name for one of L&L’s

competing shows infringes PHGS’s registered PORTLAND HOME & GARDEN SHOW mark

under 15 U.S.C. § 1114, that PHGS has been damaged by such infringement, and that such

infringement is willful, malicious and in deliberate or reckless disregard of the rights of PHGS;

(c) That L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshows.com/portland-home-show, “Portland Home Show: Home & Garden,” and

repeated representations that “Portland Home Show” is another name for one of L&L’s

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competing shows is likely to cause confusion or mistake or to deceive as to the origin,

sponsorship, affiliation, or association of L&L or its services with PHGS’s PORTLAND HOME

SHOW under 15 U.S.C. § 1125(a), that PHGS has been damaged by such confusion, mistake or

deception, and that L&L’s conduct was willful and malicious in deliberate or reckless disregard

for the rights of PHGS;

(d) That L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshowz.com/portland-home-show, “Portland Home Show: Home & Garden,” and

repeated representations that “Portland Home Show” is another name for one of L&L’s

competing shows is likely to cause confusion or mistake, or to deceive as to the origin,

sponsorship, affiliation, or association of L&L or its services with PHGS’s PORTLAND HOME

& GARDEN SHOW under 15 U.S.C. § 1125(a), that PHGS has been damaged by such

confusion, mistake, or deception, and that L&L’s conduct was willful and malicious in deliberate

or reckless disregard for the rights of PHGS;

(e) That L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshowz.com/portland-home-show, “Portland Home Show: Home & Garden,” and

repeated representations that “Portland Home Show” is another name for one of L&L’s

competing shows for home show services has caused or is likely to cause confusion or mistake,

or deceive as to the origin of such services in violation of Or. Rev. Stat. § 647.095.

(f) That L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshowz.com/portland-home-show, “Portland Home Show: Home & Garden,” and

repeated representations that “Portland Home Show” is another name for one of L&L’s

competing shows has infringed PHGS’s mark PORTLAND HOME SHOW under the common

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law, that PHGS has been damaged by such infringement, and that such infringement is willful

and malicious and in deliberate or reckless disregard of the rights of PHGS;

(g) That L&L’s use of “Portland Home Show,” “Portland Home Show 2017,”

www.tradeshowz.com/portland-home-show, “Portland Home Show: Home & Garden,” and

repeated representations that “Portland Home Show” is another name for one of L&L’s

competing shows has infringed PHGS’s mark PORTLAND HOME & GARDEN SHOW under

the common law, that PHGS has been damaged by such infringement, and that such infringement

is willful and malicious and in deliberate or reckless disregard of the rights of PHGS;

(h) Preliminarily and permanently enjoining L&L, its agents, officers, members and

assigns, and all those in concert with them from using “Portland Home Show,” “Portland Home

Show 2017,” www.tradeshowz.com/portland-home-show,” “Portland Home Show: Home &

Garden,” and repeated representations that “Portland Home Show” is another name for one of

L&L’s competing shows or any words or phrases confusingly similar to PORTLAND HOME

SHOW or PORTLAND HOME & GARDEN SHOW;

(i) Awarding PHGS its costs, actual damages, L&L’s profits, and treble damages of

the sum of such damages and profits;

(j) That this is an exceptional case and for an award of PHGS’s costs and attorney

fees pursuant to 15 U.S.C. § 1117 and Or. Rev. Stat. § 647.105;

(k) Awarding PHGS punitive damages in the amount of ten times actual damages

under the common law; and

(l) Awarding such other relief as the Court shall deem appropriate.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury on all claims and issues triable.

17 – COMPLAINT
 
Case 3:17-cv-00795-SI Document 1 Filed 05/22/17 Page 18 of 18

Respectfully Submitted,

DATED: May 22, 2017 CHERNOFF VILHAUER LLP
/s/ J. Peter Staples
J. Peter Staples, OSB No. 794042
Telephone: (503) 227-5631
Of Attorneys for Plaintiff PHGS, LLC

18 – COMPLAINT