Ohio State University Challenges ‘Buckeye Tears’ Trademark

News Summary

Ohio State University (OSU) has filed a legal notice against The Brown Jug, Inc. over the trademark application for ‘Buckeye Tears,’ used for alcohol products. OSU claims that this could mislead consumers into associating the phrase with the university, damaging its reputation. The trademark application is still in the early stages, as it is filed on an ‘intent to use’ basis. The university highlights the importance of its brand, considering past significant revenue from licensing, while trademark experts suggest that proving consumer confusion may be a challenge.

Columbus, Ohio – Ohio State University (OSU) has initiated legal proceedings against The Brown Jug, Inc., a restaurant located in Ann Arbor, Michigan, over a trademark application for the phrase “Buckeye Tears.” On August 27, OSU filed a notice of opposition with the United States Patent and Trademark Office, asserting that the proposed trademark could mislead consumers into believing the university is associated with products featuring this phrase.

The Brown Jug aims to trademark “Buckeye Tears” for use in beer and liquor products. However, OSU’s legal team argues that blending these alcoholic beverages with its athletics programs could negatively impact the university’s reputation and dilute its identity tied to the “Buckeyes.” Ohio State’s filing highlights the substantial value of its brand, noting that its licensing initiatives have generated over $145 million in royalties and approximately $2.2 billion in retail sales in the past decade.

Currently, the phrase “Buckeye Tears” has only been applied in limited contexts, such as a menu item, with no trademarks, logos, or colors that are associated with Ohio State being utilized. The Brown Jug submitted its trademark application on an “intent to use” basis, indicating that the term is not yet in commercial circulation. This means that while the phrase exists, it has not yet been actively marketed as a product.

Trademark attorney Josh Gerben posited that OSU might face challenges in proving their claim of consumer confusion, as many customers could perceive the “Buckeye Tears” offerings as lacking affiliation with the university. He also observed that The Brown Jug’s location in Ann Arbor might reinforce the idea that the phrase is a humorous nod to the historic rivalry between Michigan and Ohio State rather than a serious connection to OSU.

The concept of “Buckeye Tears” is not entirely novel. A group of Penn State alumni-owned breweries previously released a limited-run Indian Pale Ale (IPA) under the same name in 2023, coinciding with a football game against Ohio State. Although Ohio State does not hold exclusive rights to the term “Buckeye” across all markets, Gerben noted that the university’s case could be strengthened if The Brown Jug were to use imagery associated with OSU in its marketing.

The Brown Jug has until October 6 to respond to Ohio State’s opposition. Should the legal dispute continue, it could extend for several years, possibly until 2027, before a final ruling is reached. This legal challenge represents yet another chapter in the long-standing rivalry between Ohio State and Michigan, which dates back to 1897.

In recent years, Michigan has outperformed Ohio State on the football field, winning the last four matchups. If Michigan secures a victory in 2025, it would mark their longest winning streak against Ohio State since the mid-1920s. The ongoing competition goes beyond sports, as the battle over branding demonstrates the deep-rooted rivalry between these two storied institutions.

Deeper Dive: News & Info About This Topic

• The Columbus Dispatch
• USA Today
• CBS Sports
• The New York Times
• Wikipedia: Ohio State–Michigan football rivalry