Dairy Queen, Inc. v. Wood 369 U.S. 469 (1962)

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DAIRY QUEEN, INC. v. WOOD 369 U.S. 469 (1962)

The owners of the "Dairy Queen" trademark sued a licensee alleging breach of contract and trademark infringement and asking for injunctive relief and an "accounting." Since this was a case in equity, U.S. District Judge Wood denied the defendant's motion for a jury trial.

A unanimous Supreme Court, speaking through Justice hugo l. black, held that Wood's decision deprived Dairy Queen of its seventh amendment rights: although the complaint asked for an "accounting," it was really a suit for damages or debt. As Black wrote, "the constitutional right of trial by jury cannot be made dependent upon the choice of words used in the pleadings."

Dennis J. Mahoney