Quimbee logo
DMCA.com Protection Status

Dairy Queen, Inc. v. Wood

369 U.S. 469, 82 S.Ct. 894 (1962)

Case BriefRelatedOptions
From our private database of 26,900+ case briefs...

Dairy Queen, Inc. v. Wood

United States Supreme Court

369 U.S. 469, 82 S.Ct. 894 (1962)

Play video

Facts

Dairy Queen, Inc. (DQ) (defendant) signed a licensing contract with McCullough (plaintiff), a partnership that owned the trademark "DAIRY QUEEN." Pursuant to the contract, DQ agreed to pay McCullough $150,000 for the exclusive right to use the trademark in certain portions of Pennsylvania. When DQ defaulted on its payments, McCullough sent DQ a notice of termination letter cancelling DQ's right to use the trademark. However, DQ continued to use the trademark after the notice. McCullough brought suit for breach of contract. McCullough sought, among other things, "an accounting to determine the exact amount of money owing by [DQ] and a judgment for that amount." In its answer to the complaint, DQ demanded a trial by jury. McCullough filed a motion to strike that demand. The United States District Court for the Eastern District of Pennsylvania (Wood, J.) granted McCullough's motion, finding that the action was "purely equitable" because the complaint framed the action in terms of an "accounting" rather than for debt or damages. DQ sought mandamus in the United States Court of Appeals for the Third Circuit to compel Judge Wood to vacate the order granting McCullough's motion to strike. The Third Circuit denied DQ's petition. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Black, J.)

Concurrence (Harlan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 541,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 541,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 26,900 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership