The Chicago Cubs are suing one of the rooftop owners outside Wrigley Field, accusing him of selling tickets for games and other events at the stadium without a license.
Buildings along Waveland and Sheffield avenues have sold tickets under a licensing deal with the Cubs. The license for Aiden Dunican and Wrigley View Rooftop, 1050 W. Waveland Ave., has expired, but it continues to advertise and sell tickets this season, the Cubs claim in a federal lawsuit.
Situated down the left field line adjacent to the Chicago Fire Department’s Engine 78 station, Wrigley View Rooftop holds up to 200 guests, including space for 85 seats, a skydeck, mezzanine and clubhouse.
It collects hundreds of thousands of dollars a year from tickets and other sales, the lawsuit says. It names Dunican, the founder and president of Wrigley View Rooftop, along with Wrigley View Rooftop and Rooftop by the Firehouse.
“There is no public right to a live Cubs game or its broadcast,” the lawsuit states. “At great expense, the Cubs control the Cubs team and Wrigley Field to create the live game Dunican and Wrigley View Rooftop seek to profit from.
“Yet instead of paying for the right to profit from the Cubs’ property rights, Dunican and Wrigley View Rooftop seek to take and sell the Cubs’ property for their sole unjust economic gain, without a license from the Cubs,” the suit contends.
There was no immediate comment from Dunican or the company.
Dunican and Wrigley View Rooftop are also accused of using the Cubs’ trademarks, including the name and logos, for advertising and on its website and social media.
They advertise ticket sales as an “‘Official Cubs Partner’ even though they know this is false,” the lawsuit says.
“Wrigley View Rooftop, under the direction of Dunican, has acted, and is acting, to intentionally misappropriate the Cubs’ property,” the lawsuit states.
The team says it has warned Wrigley View Rooftop several times this year about selling tickets without a renewed agreement with the team.
Dunican and Wrigley View Rooftop have refused to stop selling tickets or agree to a new license, the lawsuit says.
The lawsuit seeks a permanent order prohibiting Wrigley View Rooftop from selling tickets to games and other events at Wrigley Field. It also asks for Wrigley View Rooftop to give up profits it made this year, as well as compensation for other damages.
The lawsuit claims Dunican and Wrigley View Rooftop’s sales without a license causes “immediate and irreparable harm to the Cubs, including to their goodwill and commercial reputation, in addition to causing lost sales and profits and other economic injuries.”
Accusations in the lawsuit include misappropriation, unjust enrichment, federal trademark infringement, federal and state unfair competition, false advertising and violation of the Illinois Uniform Deceptive Trade Practices Act.
