Now, I am not a lawyer, but would someone explain how this is NOT a trademark issue? (from Wikipedia) Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner. The Court there announced eight specific elements to measure likelihood of confusion: Strength of the mark Proximity of the goods Similarity of the marks Evidence of actual confusion Marketing channels used Type of goods and the degree of care likely to be exercised by the purchaser Defendant's intent in selecting the mark Likelihood of expansion of the product lines Proximity of the goods? They're being sold across the street from Wrigley Field. Similarity of the marks? That's pretty clear. Defendant's intent in selecting the mark? Pretty obvious - profit off the Cubs intellectual property. I could certainly see how a consumer might assume that the Chicago Cubs are selling these shirts or licensed their sale. And the Cubs could suffer damages if their brand is associated with racism or intolerance (how to quantify those damages is another story). Again, not a lawyer. In my grad school program for marketing, we recently took a law class that just covered the basics, and I'm legitimately curious about this case because given what I had been taught, it would seem that the Cubs have legal standing. So if anyone can lend more insight, please post!