A

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."