CHICAGO (CN) - A rooftop business overlooking Wrigley Field made $2 million on Cubs games in 2008, but refused to pay the Cubs a portion of its profit and continues to use the team's trademarks without permission, the Cubs say in Federal Court.
According to the Cubs, the Lakeview Baseball Club, owned by T. Lamb Inc., and other free-riding rooftop owners agreed in 2003 to pay the Cubs a fee in exchange for the ability to make money off fans at home games by charging admission to their rooftop bleachers.
Lakeview allegedly paid the Cubs for the 2004 through 2007 seasons, but told the team in early 2009 that it would not pay the 2008 fee.
"Defendant continues to use the Cubs' trademarks to misleadingly imply to consumers that the Lakeview Baseball Club is endorsed by and/or affiliated with the Cubs," the lawsuit states. "Worse, Defendant's website explicitly (and inaccurately) states that the Lakeview Baseball Club is 'endorsed by the Chicago Cubs.'"
About a year ago, the Cubs leveled similar claims against Thomas Gramatis, who owns two rooftop buildings on Sheffield Avenue.
The Chicago National Baseball League Ball Club demands disgorgement of profits, treble damages and an injunction preventing defendants from using its trademarks.
Filing attorney is Gary Miller with Grippo & Elden.
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