The Ohio State University initiated a legal dispute against a Michigan-based company’s effort to trademark a phrase that directly impacts one of college football’s most legendary rivalries. The university submitted an opposition notice on Aug. 27 to the United States Patent and Trademark Office to challenge an application from Ann Arbor eatery The Brown Jug, Inc. The establishment aims to trademark «Buckeye Tears» for its beer and liquor offerings.
In its opposition, Ohio State asserted that the trademark could mislead consumers into believing that the university was affiliated with the products. The institution highlighted the significance of its brand, noting that its licensing program has accrued over $145 million in royalties and approximately $2.2 billion in retail sales during the last decade. University lawyers also contended that linking alcohol to its athletic programs might harm its image and weaken the integrity of its «Buckeyes» brand.
The Brown Jug filed the application last year on an «intent to use» basis, indicating that the phrase was not yet actively being sold commercially. Up to now, it has only been seen in a limited capacity, for instance, on a menu item, and without any Ohio State trademarks, branding, or school colors.
Trademark attorney Josh Gerben, who is not part of the case, mentioned in a blog post that Ohio State’s assertion of consumer confusion may be challenging to substantiate.
«It’s difficult to envision consumers believing that they are consuming a ‘BUCKEYE TEARS’ product that was created or authorized by the University,» Gerben noted. «The fact that the applicant is located in Ann Arbor further enhances the perception that this is a humorous reference to the Michigan rivalry, rather than an authentic product produced by the University.»
The «Buckeye Tears» idea is not unprecedented. In 2023, a consortium of breweries owned by Penn State alumni launched a limited-edition IPA under the same name in anticipation of that season’s game against Ohio State.
While Ohio State cannot assert exclusive rights to «Buckeye» across all sectors, Gerben indicated that its position might become stronger if The Brown Jug employs university-related imagery on forthcoming products.
«If ‘Buckeye Tears’ beer or liquor actually reaches the market sporting Ohio State’s colors, logos, or other identifiers, the argument for infringement would be considerably more compelling,» Gerben stated.
The Brown Jug has until Oct. 6 to reply to Ohio State’s opposition. According to the suggested timeline, the conflict could continue into 2027 before a conclusive decision is made.
This legal confrontation represents the latest chapter in the Ohio State–Michigan rivalry, which began in 1897. Michigan has recently dominated the football series, securing victories in the last four encounters. Another win in 2025 would mark the Wolverines’ longest winning streak in the rivalry since the mid-1920s.
