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Civil Procedure Keyed to Marcus
Dairy Queen, Inc. v. Wood
Citation:
369 U.S. 469 (1962)Facts
H.A. Wood owned the “DAIRY QUEEN” trademark in Pennsylvania and entered into a licensing contract with Dairy Queen, Inc. Wood alleged that Dairy Queen had breached the contract by failing to make payments and continuing to use the trademark after the contract had been terminated. Wood filed a complaint seeking an injunction against Dairy Queen’s continued use of the trademark and an accounting to determine the exact amount owed. Dairy Queen demanded a jury trial, arguing that the claim for money damages was legal in nature. The district court denied the jury trial request, characterizing the entire action as equitable, and the court of appeals denied mandamus relief.
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