The character is a bear wearing a Cubs baseball cap and a gray jersey that resembles the Cubs’ away jersey with the name “Billy Cub” and the number 78 on the back, according to the suit.
The team claims the men are not affiliated with the Cubs and that they are violating the team’s trademarks by using the character to mislead people into thinking Billy Cub is associated with the team.
The suit claims Billy Cub is engaging in “mascot-like activities” near Wrigley Field, such as dancing with fans or posing for photos and then trying to solicit fees or tips.
The character also has made “rude, profane and derogatory remarks and gesticulations to patrons, ticket holders, fans or other individuals located in the area of Wrigley Field,” according to the suit.
The Cubs’ official mascot, Clark the Cub, welcomes fans at Wrigley Field entrances on game days and poses for pictures, but does not solicit money, according to the suit.
Billy Cub also was caught on video apparently punching a man in John Barleycorn, a bar at 3524 N. Clark St., on April 5, the suit claims. A video uploaded to YouTube shows a man — whom the suit identifies as Patrick Weier — dressed in the Billy Cub costume, who punches a man for taking off his bear head.
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