Keiko Aoki, Counter-Defendant-Appellant. v. BENIHANA INC (2019)

SUMMARY ORDER

Benihana of Tokyo, LLC appeals from the July 25, 2018 opinion and order of the United States District Court for the Southern District of New York (Engelmayer, J.) awarding Benihana Inc. fees and costs totaling $ 936,665.24 pursuant to Section 1117 of the Lanham Act. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

We affirm for substantially the reasons set forth in the district court's thorough and well-reasoned opinion. The Lanham Act provides for the “award [of] reasonable attorney's fees to the prevailing party” in “exceptional cases.” 15 U.S.C. § 1117(a). We find no error in the district court's conclusion that Benihana Inc. is the prevailing party. We also affirm the district court's finding that this case presents “exceptional circumstances.” See Sleepy's LLC v. Select Comfort Wholesale Corp., 909 F.3d 519, 530 (2d Cir. 2018) (“ ‘[A]n ‘exceptional’ case is simply one that stands out from others with respect to the substantive strength of a party's litigating position (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated.”) (quoting Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. 545, 554, 134 S.Ct. 1749, 188 L.Ed.2d 816 (2014)). In considering whether there are “exceptional circumstances,” a district court is to consider “a wide variety of factors, including ‘frivolousness, motivation, objective unreasonableness (both in the factual and legal components of the case) and the need in particular circumstances to advance considerations of compensation and deterrence.’ ” Id. (quoting Octane Fitness, 572 U.S. at 554 n.6, 134 S.Ct. 1749).

We have considered the remainder of appellants’ arguments and find them to be without merit. Accordingly, the order of the district court hereby is AFFIRMED.