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ROLEX WATCH, U.S.A., INC. v. MICHEL CO.

No. 97-55877.

179 F.3d 704 (1999)

ROLEX WATCH, U.S.A., INC., a corporation, Plaintiff-Appellant, v. MICHEL CO., a business; Micha Mottale, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 1999.

Attorney(s) appearing for the Case

David H.T. Kane, Kane, Dalsimer, Sullivan, Kurucz, Levy, Eisele, & Richard, New York, New York, for the plaintiff-appellant.

Janice P. Brown, Seltzer, Caplan, Wilkins & McMahon, San Diego, California, for the defendants-appellees.

Before: BOOCHEVER, TASHIMA, and WARDLAW, Circuit Judges.

TASHIMA, Circuit Judge:

Micha Mottale, doing business as Michel Co. ("Mottale"), reconditions used Rolex watches with parts that are not provided or authorized by Rolex Watch, U.S.A., Inc. ("Rolex"), and sells the altered watches, as well as generic replacement parts fitting Rolex watches, to jewelry dealers and selected retail jewelers. In addition, Mottale provides the service of specially reconditioning used Rolex watches. The district court held that Mottale's...

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