Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Lexington Furniture Indus. Inc. v. The Lexington Co. AB

Defendant 'LCC' Held In Contempt for Violating Court's Dec. 22, 2022, Order

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Plaintiff Lexington Furniture Industries, Inc. (“LFI”) prevailed at trial in its action against defendant The Lexington Company, AB (“LCC”) asserting Lanham Act and state law breach of contract and unfair competition claims. The Court denied LCC’s post-trial motions. (Opinion and Order of October 24, 2022 (ECF 258).) LFI has moved for an award of attorneys’ fees and expenses against LCC on the ground that this is an “exceptional case.” Separately, in a letter filed on January 19, 2023, (ECF 266), LFI asserted that LCC had violated the Court’s Permanent Injunction. Following a February 2, 2023 conference with the parties, the Court issued an Order to show cause why LCC ought not be held in contempt of Court for violation of the Orders of October 24, 2022, (ECF 258), and December 22, 2022, (ECF 264), and set a hearing for February 6, 2023. At the hearing, LFI called three witnesses and LCC called none. For reasons that will be explained, the Court finds LCC to be in contempt of Court for violation of the Order of December 22, 2022. It also finds that this action is not an exceptional case and denies LFI’s application for attorney’s fees. FINDINGS OF FACT Based upon the prior proceedings in this action and the record presented at the February 6, 2023 hearing, the Court finds as follows: 1. The action was commenced on July 8, 2019. LFI alleged that, despite its corporate name, it was more than a furniture company and was a “global leader in the design, sourcing, manufacturing, and lifestyle marketing of upscale home furnishings.” (ECF 1 3.) It alleged that LCC was more than a clothing company and sold bed linen and other home products. (See id. 8.) 2. In or about 2004, LCC successfully registered the name “Lexington” in connection with bed linen and associated products. (Id.) LFI brought and prevailed in a proceeding before the United States Patent and Trademark Office (“USPTO”) in which it sought to cancel LCC’s registrations. (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements