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Starter Corp. v. Converse, Inc.

United States Court of Appeals for the Second Circuit

170 F.3d 286 (1999)

Relevant factsFree

After Starter (plaintiff) sought a declaratory judgment that using its star trademark on athletic footwear would not infringe Converse's (defendant) longstanding star mark, a jury found a likelihood of confusion; Converse had never counterclaimed or sought an injunction, but the district court sua sponte entered a permanent injunction barring Starter's star mark on all footwear, and Starter appealed both the sua sponte nature of the injunction and its scope.

IssueFree

Whether the Declaratory Judgment Act empowers a district court to enter a permanent injunction sua sponte.

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