The Chicago Cubs playing games in an “open-air stadium” doesn’t “transform the view” from a neighboring rooftop into Cubs property, Wrigley View Rooftop and owner Aidan Dunican argue in a recent court filing. And if it did, other teams, leagues and sports organizers could allegedly demand payment from neighbors who currently watch for free.
Wrigley View Rooftop and Dunican hope to persuade U.S. District Judge Sharon Johnson Coleman to deny the Cubs’ summary judgment and a permanent injunction in the team’s misappropriation, trademark infringement and unjust enrichment lawsuit. The case, which began in 2024, centers on Wrigley View Rooftop selling access to a rooftop building where fans can watch Cubs games in person without paying the Cubs.
Wrigley View Rooftop maintains the Cubs seek a “new property right” in the form of “visibility of a live sporting event from neighboring private property,” with sightlines converted into property rights. The rooftop company asserts that if this “theory” were validated by the court, it would lack a “limiting principle” and its “consequences would extend far beyond Wrigley Field.”
To that point, Wrigley View Rooftop warns homeowners who live next to a golf course used for a PGA Tour tournament, restaurants overlooking a marathon route and bars along a NASCAR street race “could all be required to pay royalties merely because they profit from proximity to an event visible from their property.”
