Dairy Queen, Inc. v. Wood

In Dairy Queen, Inc. v. Wood, 369 U.S. 469 (1962), the Court held that a plaintiff, by asking in his complaint for an equitable accounting for trademark infringement, could not deprive the defendant of a jury trial on contract claims subsumed within the accounting. Although a court of equity would have heard the contract claims as part of the accounting suit, we found them severable under modern procedure. See id., at 477-479.