CASE of the United States versus the Hoxsey Cancer Clinic; opinion of the United States Court Of Appeals for the Fifth Circuit.

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 from stipulated facts and the district court's findings. United States of watches and products sold under the registered trademarks of Rolex, which include " Rolex " , " Oyster " , " President " , " Crown Device " , " Datejust " , " GMT-Master " , " Day-Date " , " Oyster Perpetual " , and " Submariner ". The " Crown Device " is a crown, consisting of five prongs, with a ball at the top of each, and an oval underneath, depicting the base of the crown. The Rolex trademarks are used in connection with watches and/or watch bracelets and related products. As of the trial in early 1997, and with the exception of the registration for " Submariner " (registered in July 1993), all of these marks had become incontestable pursuant to 15 U.S.C. § 1065 (generally, registrant's right to use registered mark becomes incontestable after mark has been in continuous use for five consecutive years subsequent to date of registration). Rolex advertises its watches extensively in national magazines, and the watches are sold by authorized dealers, known as official Rolex jewelers. Rolex watches are known by the purchasing public as being of high quality, and Rolex consumers are generally considered to be sophisticated. In addition, there is a substantial market for used Rolex watches.-3-A Rolex watch consists of the watch movement; the case (which holds the movement) and winding mechanism; the bezel (a ring which is pressure-fitted over the crystal to seal it to the watch case, and which serves a water-proofing function); the dial; and the bracelet (also referred to as the band), including the clasp which, when opened, expands the bracelet so that it will fit over the wearer's hand. The watches, which are available in a number of styles, are made of stainless steel, stainless steel and gold, and gold. They are also available with diamond dials and/or diamond bezels. New Rolex watches have a Rolex tag and a green factory sticker on the back of the watch case. For genuine Rolex bracelets, the clasps bear the …