Ohio State and Michigan are at it again, but this time their rivalry has moved to the U.S. Patent and Trademark Office. Ohio State University has officially opposed a trademark application from a Michigan-based restaurant called The Brown Jug. They want to block the phrase “Buckeye Tears” from being used for beer and liquor products.
According to CBS Sports, Ohio State claims that using “Buckeye Tears” could confuse customers into thinking the school is connected to these alcohol products. Their legal team emphasizes the university’s strong brand, noting it has made over $145 million in royalties and $2.2 billion in retail sales in the last decade. They worry that associating alcohol with Buckeye athletics could harm their reputation and dilute their brand.
The Brown Jug filed its application with the intent to use the phrase, meaning “Buckeye Tears” isn’t currently sold in stores. So far, it has only appeared on a menu item without any Ohio State logos or colors.
Trademark attorney Josh Gerben commented that Ohio State may struggle with this challenge. He noted customers are unlikely to think a Michigan restaurant is selling approved Buckeye products. Gerben mentioned, “The word ‘Buckeye’ has been registered in connection with various unrelated items—from cable services to ice cream. The University doesn’t own the term across all industries and lacks trademarks for any alcohol products.”
If The Brown Jug starts using university imagery in the future, Ohio State’s legal case could gain strength. Interestingly, a similar “Buckeye Tears” IPA was brewed by Penn State alumni-owned breweries in 2023, showing the phrase’s popularity in college football rivalries.
The deadline for The Brown Jug to respond is October 6. With this case potentially dragging on until 2027, it adds another chapter to a rivalry that began in 1897, a contest Michigan has recently led, winning four consecutive games.
For more about trademark disputes and college rivalries, check out this report from CBS Sports for deeper insights.
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Ohio State, Buckeye, The Brown Jug
