Right Field Rooftops, LLC v. Chicago Baseball Holdings, LLC

87 F.Supp.3d 874 (2015)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

This decades-old battle began in the late 1990s. The Cubs sued certain Rooftop owners (Ps) for misappropriating the Cubs' property rights by selling tickets to patrons to watch Cubs games from their Rooftops. On January 27, 2004, the Cubs settled and under the licensing agreement Ps were to give the Cubs 17% of their profits and in return, the Cubs agreed not to erect any barricades that would block the long-distance viewing of the game from across the street. There was, however, one clause within the License Agreement that permitted the Cubs to have an 'expansion' of Wrigley Field if that expansion was approved by a 'governmental authority.' The Cubs, under the new ownership of the Ricketts family (Ds), received a government-issued permit to update the field with electronic signs and video boards that will entirely block the views of the field from Ps' clients. Ps sued D alleging violation of the licensing agreement and anti-competitive practices to put them out of business. Ds claim no violation of the agreement and that the antitrust claims must fail. Ps sought a temporary restraining order and preliminary injunction. The Court held a TRO hearing on February 18, 2015, and denied Ps' motion for TRO the next day because Ps had failed to establish: (1) a likelihood of success on their antitrust claim, (2) irreparable harm, and (3) an inadequate remedy at law. The court then heard arguments for a preliminary injunction.