The Ohio State College launched a authorized problem in opposition to a Michigan firm’s try and trademark a phrase that cuts straight into one in all faculty soccer’s most storied rivalries. The college filed an Aug. 27 discover of opposition with the USA Patent and Trademark Workplace to contest an software by Ann Arbor restaurant The Brown Jug, Inc. The enterprise is looking for to trademark “Buckeye Tears” to be used with beer and liquor merchandise.
In its submitting, Ohio State stated the mark might confuse customers into considering the college was related to the merchandise. The college cited the worth of its model, declaring that its licensing program generated greater than $145 million in royalties and roughly $2.2 billion in retail gross sales over the previous decade. College attorneys additionally argued that associating alcohol with its athletics packages might injury its repute and dilute the power of its “Buckeyes” identification.
The Brown Jug submitted the applying final yr on an “intent to make use of” foundation, that means the phrase was not but in industrial circulation. Up to now, it has appeared solely in restricted kind, comparable to on a menu merchandise, and with none Ohio State logos, logos or college colours.
Trademark lawyer Josh Gerben, who shouldn’t be concerned within the case, wrote in a publish that Ohio State’s declare of shopper confusion could also be troublesome to show.
“It is exhausting to think about customers considering that they’re consuming a ‘BUCKEYE TEARS’ product made or licensed by the College,” Gerben wrote. “The truth that the applicant relies in Ann Arbor solely strengthens the notion that this can be a tongue-in-cheek nod to the Michigan rivalry, not a real product made by the College.”
The “Buckeye Tears” idea shouldn’t be new. In 2023, a gaggle of Penn State alumni-owned breweries launched a limited-run IPA below the identical title forward of that season’s sport in opposition to Ohio State.
Whereas Ohio State doesn’t personal unique rights to “Buckeye” throughout all industries, Gerben stated its case might develop stronger if The Brown Jug makes use of university-related imagery on future merchandise.
“If ‘Buckeye Tears’ beer or liquor really involves market utilizing Ohio State’s colours, logos, or different indicia, the case for infringement could be a lot stronger,” Gerben wrote.
The Brown Jug has till Oct. 6 to reply to Ohio State’s opposition. Underneath the proposed timeline, the dispute might lengthen into 2027 earlier than a remaining ruling is issued.
The authorized battle is the newest extension of the Ohio State–Michigan rivalry, which started in 1897. Michigan has managed the soccer collection lately, successful the previous 4 conferences. One other victory in 2025 would give the Wolverines their longest successful streak within the matchup because the mid-Twenties.