Judge Says Rooftop Biz Cubs Ticket Sales Going, Going Gone
In this Law360 article, Martin Roth, Jenna Stupar, Nadia Abramson and Jules Cantor were highlighted for their recent victory in a closely followed dispute with a rooftop ticket operator that ran a business that sold tickets for patrons to take advantage of his views into Wrigley Field without authorization or any compensation to the Cubs.
An Illinois federal judge granted the Chicago Cubs' bid for a permanent injunction barring the Wrigley View rooftop business from selling tickets to watch the team's baseball games or using its trademarks without permission.
In a decision granting judgment to the Cubs, U.S. District Judge Sharon Johnson Coleman ruled that Wrigley View and its owner Aiden Dunican misappropriated the baseball team's rights to its games.
"The undisputed facts show that defendants profited from ticket sales to watch Cubs games, without contributing financially to the ballgames and without acquiring a right to sell plaintiff's product," Judge Coleman said in a decision issued Wednesday.
"Unfairly capitalizing on another's labor and expenses offends principles of justice, equity, and good conscience," the judge added.
According to the decision, Wrigley View continued to sell tickets to watch Cubs games from its 200 rooftop bleachers overlooking Wrigley Field even after an agreement with the team that allowed it to do so expired at the end of 2023.
That agreement, entered in 2004, had allowed Wrigley View and several other rooftop businesses near the iconic baseball park to sell tickets to watch Cubs games and use some of the team's trademarks in exchange for a portion of revenues.
While the Cubs sent a proposal to extend the agreement to Wrigley View, calling for increased royalty payments to the team, a deal was never struck, according to Judge Coleman.
Wrigley View charged about $125 to $150 per ticket and only opened on days when there were Cubs games or other events at Wrigley Field, continuing to do so after the agreement lapsed, even after the team set up mesh screens to obstruct its views around the start of the 2024 season, according to the judge.
The Cubs filed suit in June 2024 and moved for summary judgment in May 2026.
Judge Coleman granted judgment to the Cubs on claims of misappropriation, unjust enrichment and trademark infringement, as well as two state law claims brought under the Illinois Uniform Trade Practices Act.
The judge pointed in part to a 1938 decision in a case between Pittsburgh Athletic Co. and KQV Broadcasting Co. , a radio company that put observers atop tall buildings to watch Pirates baseball games to make play-by-play announcements without authorization to do so.
While Wrigley View and Dunican asserted that they had instructed employees to stop using the Cubs' trademarks after the agreement ended, the judge held that did not shield them from liability for instances of continued use in advertising materials.
The judge denied judgment to the Cubs on a false advertising claim, and also denied Dunican's bid to escape personal liability.
"Plaintiff proffered evidence that Wrigley View's marketing falls wholly in Dunican's control, including Dunican's testimony that 'the buck stops with him' with regard to Wrigley View's messaging, and that 'the marketing arm of [Wrigley View] would not do anything without [his] agreement or approval,'" Judge Coleman said.
A permanent injunction was appropriate and necessary to keep Wrigley View and Dunican from getting a "free ride" to compete for Cubs ticket sales, according to the judge.
"Defendants would not be prevented from using their property and marketing its business in a manner that is not entirely built around selling access to the Cubs' live games," Judge Coleman noted.
A representative for Wrigley View and Dunican did not immediately respond to a request for comment Friday.
In a statement shared with Law360 Friday, the Chicago Cubs said they are pleased with the court's ruling and appreciate the court's consideration of the dispute. "The decision protects our intellectual property rights and affirms our longstanding position that businesses cannot commercially profit from Cubs games or use Cubs intellectual property without authorization," the team added.
The Cubs are represented by Martin L. Roth, Jenna M. Stupar, Nadia Abramson and Jules H. Cantor of Kirkland & Ellis LLP.
Dunican and Wrigley View Rooftop are represented by Matthew De Preter and Gary P. Hollander of Aronberg Goldgehn Davis & Garmisa.
The case is Chicago Cubs Baseball Club LLC v. Aidan Dunican et al., case number 1:24-cv-05086, in the U.S. District Court for the Northern District of Illinois.
