Wrigley Field’s History and the Rise of Rooftop Viewing

Wrigley Field, home of the Chicago Cubs, holds a special place in baseball history as the second oldest ballpark in Major League Baseball. It famously became the last major league stadium to host night games, beginning only in 1988 after extensive legal challenges. Nestled in a dense residential neighborhood, Wrigley Field offers a unique backdrop unlike any other in professional sports.

Wrigley Field rooftops overlooking the ballpark on game day.

Before the installation of lights, residents living around the park took advantage of their proximity, enjoying informal gatherings on roofs and balconies that offered partial views of games. For decades, these unofficial "rooftop seats" became part of the local charm, providing fans with a communal and uniquely intimate game-day experience.

Anyone who has attended a day game at Wrigley during the scorching Chicago summer understands why those rooftop views became particularly appealing—offering a slightly cooler, more comfortable vantage point, especially after night games finally became a fixture.

Commercial Expansion and Early Legal Disputes

In the early 1990s, what began as informal neighborhood gatherings evolved into commercial enterprises. Building owners around Wrigley started installing bleachers on their rooftops and began selling tickets. This shift quickly caught the attention of the Cubs organization. The Cubs, regularly among the top half of the National League in attendance, recognized the lucrative potential of rooftop ticket sales revenue and sought to capture that additional income.

This move ignited a prolonged series of legal battles that fundamentally transformed the nature of the neighborhood. In 2004, these disputes resulted in a negotiated agreement: rooftop businesses could continue operating, but they would share approximately 17% of their revenue with the Cubs. This seemed like a fair resolution at the time.

The Ricketts Family’s Strategic Property Acquisitions

When the Ricketts family purchased the Cubs in 2009, they took swift strategic action to consolidate their control over surrounding properties. Quietly and methodically—often through shell corporations—they acquired many buildings adjacent to Wrigley, including those hosting rooftop businesses. This maneuver effectively neutralized the previously agreed-upon 17% revenue share, giving the team greater autonomy and the ability to monetize these rooftops directly through signage and advertising.

However, one rooftop owner, Aidan Dunican of Wrigley View Rooftop, refused to sell his property. Dunican continued to operate under the original 2004 agreement, while also beginning to sell advertising space—now made viable by the Ricketts family's expensive and prolonged legal battles for zoning variances and advertising rights.

Renewed Legal Action: Trademark and Property Rights in Question

After the 2004 agreement officially ended in 2024, the conflict escalated again. Dunican persisted in selling rooftop seats and, notably, began using team names and logos in ways the Cubs argue imply an official partnership. In response, the Cubs filed a lawsuit alleging:

  • Trademark infringement
  • Unfair competition
  • Deceptive trade practices
  • False advertising
  • Misappropriation
  • Unjust enrichment

Dunican counters strongly, emphasizing the fundamental rights of property ownership. He argues that copyright law protects broadcasts but not the natural viewing of an open-air game. Historically, courts have generally been sympathetic to this argument, provided the defendant's actions do not fundamentally threaten the plaintiff’s primary business or product.

It is noteworthy, and somewhat ironic, to recall that the infamous fan interference by Steve Bartman in the Cubs’ critical 2003 playoff run occurred inside Wrigley Field—not from a rooftop—highlighting that internal disruptions can sometimes pose greater threats than external viewpoints.

Legal and Business Takeaways for Companies

Draft Comprehensive and Future-Proof Contracts

Protect and Respect Intellectual Property

  • Trademark protection is essential to safeguarding brand integrity and consumer clarity about official affiliations.
  • Using trademarks without explicit permission can quickly escalate into costly legal battles, especially when public perception is at stake.

Plan Strategically for Long-Term Market Control

  • Strategic property acquisitions and consolidation can significantly impact existing business agreements.
  • Businesses must anticipate the strategic actions competitors or related entities might take and build safeguards accordingly.

Address Zoning and Advertising Compliance Early

  • Navigating local zoning laws and securing necessary permissions is critical for long-term business strategies involving property and signage.
  • Legal foresight and proactive regulatory engagement can help avoid expensive legal disputes and ensure compliance.

Importance of Expert Legal Counsel

  • Legal expertise can clearly define boundaries and responsibilities in contractual relationships, protecting all parties involved.
  • Expert counsel is essential in intellectual property, property rights, and regulatory compliance, ensuring businesses fully understand risks and obligations.

Broader Implications: Balancing Property Rights and Franchise Control

Ultimately, the central legal and business question revolves around how far a team’s control should extend beyond its physical walls. Can a franchise legitimately control how adjacent properties utilize their proximity? Should property owners retain broad rights to profit from their location without explicit league or team authorization?

The ongoing legal battle between the Cubs and Wrigley View Rooftop will not only answer these questions for the involved parties but may also set important precedents. How these disputes are resolved could significantly influence the commercial landscape for sports franchises and adjacent businesses nationwide.

Understanding these complex legal, regulatory, and business dynamics is critical for franchise owners, property developers, and investors navigating the increasingly interconnected world of sports, real estate, and intellectual property.

Frequently Asked Questions

  • Property owners generally may monetize lawful uses of their property, but they risk claims if activities misappropriate the event’s value or interfere with contractual or IP rights. Local ordinances, nuisance laws, and prior agreements can also limit viewing platforms, ticket sales, or event-related promotions.
  • Use that suggests sponsorship, affiliation, or approval, or creates a likelihood of consumer confusion, can infringe. Even nominative references must be accurate, limited to what’s necessary, and avoid prominent logo use. Unlicensed use in advertising or ticketing commonly triggers enforcement.
  • Key provisions include clear license scope, revenue-sharing formulas, renewal/termination rights, audit rights, signage/advertising restrictions, dispute-resolution clauses, and change-in-control terms. Well-defined remedies and notice/cure periods reduce ambiguity and litigation risk.
  • Municipal codes often regulate sign size, placement, illumination, and commercial use. Approvals may require permits, variances, or landmark reviews. Noncompliance can lead to fines, removal orders, or permit revocation, and may undermine parallel private agreements.
  • Typical remedies include injunctions halting use, damages (actual or statutory where available), disgorgement of profits, corrective advertising, and attorneys’ fees in some jurisdictions. Early corrective action and negotiated settlements can mitigate exposure and cost.

Protect Your Property and Intellectual Rights Now

Disputes involving property use, advertising rights, and brand ownership can escalate quickly without proper legal structure. Whether your business operates near a sports venue, manages licensing agreements, or engages in commercial real estate ventures, proactive legal guidance is key. Safeguard your assets, ensure compliance with zoning and trademark laws, and prevent costly litigation. Consult an experienced attorney today.