The Chicago Cubs filed a trademark infringement lawsuit against five individuals who allegedly have been dressing in a fake mascot costume near Wrigley Field. The complaint claimed that these individuals in their “Billy Cub” outfits not only engaged in “mascot-like activities” but also participated in “unsavory actions.” Like the genuine Cubs mascot Clark the Cub’s costume, the outfit includes Cubs cap and jersey with “Billy Cub” and the number 78 on the back.
The fake mascots solicited tips near the ball park for dancing or posing with fans for a photo without the team’s permission. Furthermore, Patrick Weier, one of the named defendants, was caught on video, attacking a man in a Wrigleyville bar. In the video clip, he appears wearing the “Billy Cub” outfit.
Moreover, John Paul Weier, another named defendant, operates promotional websites like billycub78.info that calls Billy Cub as an “unofficial [Cubs] mascot” as well as social media accounts through which he has sold T-shirts that infringe on Cubs trademarks.
In the complaint, the team claimed that the defendants’ unauthorized use of its trademarks created confusion and tarnished the team’s reputation as evidenced by the reactions from social media communities to the video clip that was uploaded to You Tube. Moreover, some media coverage of this incident even misidentified Weier’s “Billy Cub” as an official mascot, according to the complaint.
The suit is seeking the court’s order to ban the use of the Billy Cub character the defendants and to “deliver for destruction” any promotional merchandise related to the fake mascot. In addition, the team wants any references or portrayal of Billy Cub removed from the defendants’ websites and social media accounts.