Millennium Construction Services, LLC “Millennium” and Ronald Brewington obtained an interlocutory injunction prohibiting Rodney Parland from, inter alia , contacting Millennium’s customers and using Millennium’s name to conduct business. The DeKalb County Superior Court later found Parland in wilful contempt of the injunction and ordered him to pay Millennium and Brewington’s attorney fees. Parland appeals, and for reasons that follow, we affirm the trial court’s finding of contempt, but reverse its award of attorney fees. Brewington, who established Millennium, claimed that Parland, a former salesman for the company, was improperly using a website created for Millennium and contacting Millennium’s customers. In April 2004, the trial court granted a temporary restraining order that enjoined Parland from conducting business under Millennium’s name, contacting Millennium’s customers, or using Millennium’s website. On August 11, 2004, after a hearing, the trial court granted an interlocutory injunction against Parland, prohibiting him from, among other things, using Millennium’s name to conduct business, interfering with Millennium and Brewington’s business relationships with subcontractors and customers, contacting any of their customers, or “using Millennium or Brewington’s name, information and property on his website. Parland must remove said information, property and logo by August 20, 2004.”
On September 1, 2004, Millennium and Brewington brought a contempt action against Parland, alleging that he violated the injunction by contacting Millennium’s customers and operating a website that purported to be that of Millennium. After a hearing, the trial court found Parland in wilful contempt of its previous orders because he had contacted Millennium’s customers and “maintained a business website clearly using and appropriating the ‘Millennium’ name and association.” The trial court ordered Parland to pay $2,000 in attorney fees to Millennium and Brewington. In four enumerations of error, Parland asserts that the trial court erred in 1 finding that he wilfully violated the terms of the interlocutory injunction, and 2 awarding Millennium and Parland attorney fees.
