No. 97-10991.

158 F.3d 816 (1998)

ROLEX WATCH USA, INC., Plaintiff-Appellant, v. Robert MEECE, doing business as American Wholesale Jewelry, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 21, 1998.

Attorney(s) appearing for the Case

Patrick F. McGowan, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, Siegrun D. Kane, Chrystal A. LeRoy, David H. T. Kane, Kane, Dalsimer, Sullivan, Kurucz, Levy, Eisele & Richard, Beth Michelle Frenchman, Brian William Brokate, John Francis Flaherty, Gibney, Anthony & Flaherty, New York City, for Rolex Watch USA, Inc.

Michael Paul Wortham, Mark Adam Nacol, Dallas, TX, for Meece.

Before JOLLY, SMITH and BARKSDALE, Circuit Judges.


In this appeal by Rolex Watch U.S.A., Inc., from the injunction it obtained in its trademark infringement action, the primary issue is whether Rolex is entitled to recover profits and attorney's fees from Robert Meece, doing business as American Wholesale Jewelry. We AFFIRM in part, VACATE in part, and REMAND for further proceedings.


Because many of the facts are undisputed, the following is drawn largely...

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