Issues: (1) Whether a district court's refusal to permit the petitioner to amend the proposed pretrial order to assert a profits claim – thereby restoring the petitioner's right to a jury trial in the wake of the respondent's eleventh-hour withdrawal of its consent to a jury trial on all other claims – is reviewed for abuse of discretion or under the more exacting standard typically applied to orders that effectively deny the right to a jury trial; and (2) whether, under the logic of Dairy Queen, Inc. v. Wood – and as several lower courts have held, in conflict with several others – claims seeking a trademark infringer's profits are legal in nature and thus give rise to a Seventh Amendment right to a jury trial.
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