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.
