Ohio State University has filed a trademark opposition against The Brown Jug, a restaurant based in Ann Arbor, Michigan, challenging the use of the name Buckeye Tears for beer and liquor in a pending registration with the United States Patent and Trademark Office. The objection comes more than a year after the initial application was submitted and seeks to block the Buckeye Tears mark from moving forward in association with alcohol products, arguing it could damage the university’s brand by associating the Buckeyes name with a beverage and potentially creating consumer confusion about the team’s identity.
The Buckeye Tears branding has surfaced in rivalry lore before. In 2023, several Pennsylvania breweries run by Penn State alumni released an IPA under the same name to ride the wave of the Ohio State–Penn State game, according to coverage by Fox Sports.
From Ohio State’s perspective, the opposition contends that marketing Buckeye Tears could harm the school’s image by linking it to alcohol and potentially mislead consumers about endorsement or affiliation with the Buckeyes football program. A trademark attorney who monitors such filings, Josh Gerben of Gerben IP, suggested that the claim of consumer confusion may be a stretch, noting that the applicant’s base in Ann Arbor points more to a tongue-in-cheek nod to the Michigan rivalry than to an official university product. He also observed that the present application describes Buckeye Tears as a local menu item and does not incorporate Ohio State colors, logos, or fonts.
Nevertheless, Gerben warned that if a real Buckeye Tears product eventually uses Ohio State’s colors, logos, or other identifying elements, the argument for infringement would become stronger, as branding could be seen as leveraging the university’s identity.
The Brown Jug has until October 6 to respond to Ohio State’s opposition under a schedule that could push a possible trial to early 2027.
Additional context and analysis:
– This case underscores the complexities of protecting college brands in the beverage space, where fan-driven or rival-leaning interpretations of a name can collide with university licensing efforts.
– If Ohio State’s challenge succeeds, the university could secure stronger control over the Buckeye Tears mark and limit its use in connection with alcohol nationwide; a defeat could leave room for rival branding or require negotiated settlements.
– The dispute reflects broader tensions between spirited fan culture and formal trademark protections, particularly when a well-known college nickname is repurposed for commercial products.
Summary: A high-profile trademark dispute between Ohio State and a Michigan restaurant over the Buckeye Tears mark highlights how far university branding protections can extend into beverages, while also illustrating how consumer perception in sports rivalries can influence trademark strategy. If navigated successfully, the case may lead to clearer branding guidelines for universities and local businesses alike, providing a cautious roadmap for rival-branding ventures in the future. A positive angle is that the process may clarify acceptable uses of university-associated names in fan-driven or rivalry contexts, supporting both brand integrity for the university and fair competitive space for independent establishments.