Bain (P) was a college basketball referee and called a foul on an Iowa player, which gave Purdue a last-minute victory. Fans at Iowa, of course, blamed P for the loss. Gillispie (D), the owner of a sport's store began to market a T-shirt showing a man with a rope around his neck captioned 'Jim Bain Fan Club.' P sued for injunctive relief, actual, and punitive damages. D counterclaimed for malpractice because P's officiating was below the standard of competence required of a professional referee. D wanted $175,000 because of the loss in sales that he experienced by Iowa not being in the championship game. The trial court sustained a motion for summary judgment against D's counterclaim. D appealed.