Portland Home Show Complaint

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 OLoughlin Trade Shows (OTS).
1 COMPLAINT
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 14 pursuant to 28 U.S.C. 1331 and 1338(a), and 15 U.S.C. 1121. The Court
has supplemental jurisdiction over Claims 57 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 PHGSs 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.
2 COMPLAINT
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, HBAs 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 OTSs 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.
3 COMPLAINT
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&Ls 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&Ls 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 Circuits 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 Builders
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&Ls 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&Ls 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.
4 COMPLAINT
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 2729, 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 68, 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 PHGSs 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 PHGSs shows.
25. L&Ls 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.
5 COMPLAINT
The complete first results page showing the Google search results for the phase Portland Home
Show is attached as Exhibit K.
26. L&Ls 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 2729, 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&Ls
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 PHGSs registered trademarks PORTLAND HOME SHOW and
6 COMPLAINT
PORTLAND HOME & GARDEN SHOW and are calculated to steer searches on internet search
engines for PHGSs shows, to the websites advertising L&Ls dissimilarly named competing
shows.
29. A further indication of L&Ls intent to divert people from PHGSs show is shown
by L&Ls use of the keyword expo in its HTML source code. PHGSs 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
Veterans 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 PHGSs letter, the shows
advertised by L&L were only a few months away, so PHGS requested that L&L immediately
cease use of PHGSs marks.
31. L&L never responded to PHGSs November 21, 2016 letter and continued to use
PHGSs trademarks.
32. Upon information and belief, L&L or its representatives have contacted PHGSs
clients (customers, exhibitors, or both) and told them that one of L&Ls 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.
7 COMPLAINT
35. L&L was aware of PHGSs 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 PHGSs 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 PHGSs use of PORTLAND HOME SHOW prior to causing
the words Portland Home Show: Home and Garden to appear on internet search engines for
L&Ls website when searching the phrase Portland Home Show.
the words Portland Home Show 2017 to appear on internet search engines for L&Ls website
when searching the phrase Portland Home Show.
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&Ls website
when searching the phrase Portland Home Show.
40. L&L was aware of PHGSs use of PORTLAND HOME SHOW prior to
displaying the words Portland Home Show 2017 on its website.
41. L&L was aware of PHGSs use of PORTLAND HOME SHOW prior to
repeatedly referring to L&Ls Portland Build, Remodel & Landscape Expo as the Portland
Home Show on its website.
42. L&Ls 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,
8 COMPLAINT
thereby diverting tradespeople, exhibitors, attendees, and advertisers away from PHGSs
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 PHGSs prior use of its trademarks PORTLAND
HOME SHOW and PORTLAND HOME & GARDEN SHOW for the same services. PHGS has
been damaged by L&Ls conduct.
46. Upon information and belief, L&L has profited from its infringing, deceitful and
unlawful activities.
47. L&Ls display of Portland Home Show 2017 on its website is likely to cause
confusion with PHGSs prior use of its trademarks PORTLAND HOME SHOW and
PORTLAND HOME & GARDEN SHOW for the same services. PHGS has been damaged by
L&Ls conduct.
48. L&Ls repeated reference to the Portland Home Show as another name for
L&Ls Portland Build, Remodel & Landscape Expo is likely to cause confusion with PHGSs
9 COMPLAINT
prior use of its trademarks PORTLAND HOME SHOW and PORTLAND HOME & GARDEN
SHOW for the same services. PHGS has been damaged by L&Ls conduct.
49. PHGS has been damaged and will continue to be damaged by L&Ls use of
names which are the same as or deceptively similar to the names and trademarks used by PHGS.
50. L&Ls use of PORTLAND HOME SHOW has been deliberate, willful,
malicious, and in reckless disregard of PHGSs rights.
51. By reason of L&Ls deliberate, malicious, and unlawful actions, PHGS is entitled
to its damages, L&Ls 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&Ls conduct described above has infringed PHGSs Registered Mark
PORTLAND HOME SHOW and PHGS has been and will continue to be damaged by L&Ls
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&Ls 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&Ls profits.
56. L&Ls actions have been willful, deliberate, and malicious, with knowledge of
PHGSs rights and registrations, and therefore this case is exceptional under 15 U.S.C. 1117
entitling PHGS to an award of reasonable attorney fees.
10 COMPLAINT
SECOND CLAIM FOR RELIEF

Statutory Trademark Infringement of PORTLAND HOME & GARDEN SHOW
(15 U.S.C. 1114)
58. This claim arises under 15 U.S.C. 1114.
59. L&Ls conduct described above has infringed PHGSs Registered Mark
PORTLAND HOME & GARDEN SHOW and PHGS has been and will continue to be damaged
by L&Ls 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&Ls competing shows.
61. L&Ls actions have been willful, deliberate, and malicious, with knowledge of
PHGSs 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))
63. This claim arises under 15 U.S.C. 1125(a).
64. With respect to PHGSs mark PORTLAND HOME SHOW, L&Ls 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&Ls home show services by PHGS. Such likely
confusion, mistake, or deception as to the origin of L&Ls services under 1125(a) is
independent of the rights afforded by to PHGSs registration for PORTLAND HOME SHOW
mark under 1114.
11 COMPLAINT
65. PHGS has been and will continue to be damaged by L&Ls conduct.
67. L&Ls activities have been deliberate, willful, and malicious, with knowledge of
PHGSs 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))
69. This claim arises under 15 U.S.C. 1125(a).
70. With respect to PHGSs mark PORTLAND HOME & GARDEN SHOW, L&Ls
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&Ls home show services by PHGS.
Such likely confusion, mistake, or deception as to the origin of L&Ls services under 1125(a)
is independent of the rights afforded by PHGSs registration for PORTLAND HOME &
GARDEN SHOW mark under 1114.
71. PHGS has been and will continue to be damaged by L&Ls conduct.
73. L&Ls activities have been deliberate, willful, and malicious, with knowledge of
PHGSs 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.
12 COMPLAINT
FIFTH CLAIM FOR RELIEF

Infringement of Oregon Registered Trademark PORTLAND HOME & GARDEN SHOW
(Or. Rev. Stat. 641.095, et seq.)
75. This claim arises under Or. Rev. Stat. 641.095, et seq.
76. L&Ls 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&Ls conduct.
78. Pursuant to Or. Rev. Stat. 647.105, PHGS is entitled to an injunction to restrain
further use or display of PHGSs mark or colorable imitation thereof. PHGS is also entitled to
L&Ls profits derived from use of PHGSs mark and the damages suffered by PHGS by reason
of L&Ls wrongful conduct.
79. L&Ls activities were in bad faith and with knowledge of PHGSs 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&Ls profits and PHGSs damages, as
well as reasonable attorney fees.
SIXTH CLAIM FOR RELIEF

Common Law Trademark Infringement of PORTLAND HOME SHOW
81. This claim arises under the common law.
82. By reason of PHGSs 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.
13 COMPLAINT
83. L&Ls use of Portland Home Show, Portland Home Show 2017,
repeated representations that Portland Home Show is another name for one of L&Ls
competing shows for home show services has caused and/or is likely to cause confusion and
therefore infringes PHGSs rights in PORTLAND HOME SHOW. PHGS has been and will
continue to be damaged by L&Ls activities unless L&L is enjoined from using PORTLAND
HOME SHOW and any names, marks or phrases confusingly similar thereto.
84. L&Ls activities have been willful and malicious with full knowledge of PHGSs
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&Ls 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
86. This claim arises under the common law.
87. By reason of PHGSs 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&Ls use of Portland Home Show, Portland Home Show 2017,
www.tradeshowz.com/portland-home-show, Portland Home Show: Home & Garden and
competing shows for home show services has caused and/or is likely to cause confusion and
therefore infringes PHGSs rights in PORTLAND HOME & GARDEN SHOW. PHGS has been
14 COMPLAINT
and will continue to be damaged by L&Ls activities unless L&L is enjoined from using
PORTLAND HOME SHOW and any names, marks, or phrases confusingly similar thereto.
89. L&Ls activities have been willful and malicious with full knowledge of PHGSs
rights in PORTLAND HOME & GARDEN SHOW and in deliberate or reckless disregard of
PHGSs rights. As a consequence, PHGS is entitled to injunctive relief, damages, costs, L&Ls
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&Ls use of Portland Home Show, Portland Home Show 2017,
competing shows infringes PHGSs 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&Ls use of Portland Home Show, Portland Home Show 2017,
competing shows infringes PHGSs 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&Ls use of Portland Home Show, Portland Home Show 2017,
www.tradeshows.com/portland-home-show, Portland Home Show: Home & Garden, and
15 COMPLAINT
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 PHGSs PORTLAND HOME
SHOW under 15 U.S.C. 1125(a), that PHGS has been damaged by such confusion, mistake or
deception, and that L&Ls conduct was willful and malicious in deliberate or reckless disregard
for the rights of PHGS;
(d) That L&Ls use of Portland Home Show, Portland Home Show 2017,
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 PHGSs 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&Ls conduct was willful and malicious in deliberate
or reckless disregard for the rights of PHGS;
(e) That L&Ls use of Portland Home Show, Portland Home Show 2017,
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&Ls use of Portland Home Show, Portland Home Show 2017,
competing shows has infringed PHGSs mark PORTLAND HOME SHOW under the common
16 COMPLAINT
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&Ls use of Portland Home Show, Portland Home Show 2017,
competing shows has infringed PHGSs 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&Ls 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&Ls profits, and treble damages of
the sum of such damages and profits;
(j) That this is an exceptional case and for an award of PHGSs 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
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

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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

UNITED STATES DISTRICT COURT

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

Plaintiff, COMPLAINT FOR TRADEMARK

L&L EXHIBITION MANAGEMENT, INC.,

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

Case 3:17-cv-00795-SI Document 1 Filed 05/22/17 Page 2 of 18

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.

has supplemental jurisdiction over Claims 57 pursuant to 28 U.S.C. 1367.

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

the Portland Fall Home & Garden Show.

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

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

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

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.

PORTLAND HOME & GARDEN SHOW Reg. No. 42075

PORTLAND FALL HOME & GARDEN SHOW Reg. No. 39204

PORTLAND SPRING HOME & GARDEN SHOW Reg. No. 40687

Case 3:17-cv-00795-SI Document 1 Filed 05/22/17 Page 4 of 18

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.

Association (SLHBA). According to the Eighth Circuit:

L&Ls use of a name that includes both Portland and Home.

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

Case 3:17-cv-00795-SI Document 1 Filed 05/22/17 Page 5 of 18

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

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

website can be found in Exhibit J.

www.tradeshowz.com, L&L uses keywords including PHGSs registered trademark

PORTLAND HOME SHOW.

users into believing its shows are PHGSs shows.

Portland Home Show: Home and Garden: Build, Remodel, and

Portland Home Show: Home and Garden: Renovation and

Case 3:17-cv-00795-SI Document 1 Filed 05/22/17 Page 6 of 18

Show is attached as Exhibit K.

Portland Home Show: Home and Garden: Renovation and...

Portland Home Show 2017 | Portland Build Remodel

Portland Home Show: Home and Garden: Build, Remodel, and

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

Portland Build, Remodel and Landscape Expo.

Case 3:17-cv-00795-SI Document 1 Filed 05/22/17 Page 7 of 18

Veterans Memorial Coliseum.

cease use of PHGSs marks.

shows in January 2017.

Case 3:17-cv-00795-SI Document 1 Filed 05/22/17 Page 8 of 18

L&Ls website when searching the phrase Portland Home Show.