Ohio State University challenges Michigan-based restaurant over 'Buckeye Tears' trademark

The Ohio State University launched a legal challenge against a Michigan company's attempt to trademark a phrase that cuts directly into one of college football's most storied rivalries. The university filed an Aug. 27 notice of opposition with the United States Patent and Trademark Office to contest an application by Ann Arbor restaurant The Brown Jug, Inc. The business is seeking to trademark "Buckeye Tears" for use with beer and liquor products.

In its filing, Ohio State said the mark could confuse consumers into thinking the university was connected to the products. The school cited the value of its brand, pointing out that its licensing program generated more than $145 million in royalties and roughly $2.2 billion in retail sales over the past decade. University attorneys also argued that associating alcohol with its athletics programs could damage its reputation and dilute the strength of its "Buckeyes" identity.

The Brown Jug submitted the application last year on an "intent to use" basis, meaning the phrase was not yet in commercial circulation. So far, it has appeared only in limited form, such as on a menu item, and without any Ohio State trademarks, logos or school colors.

Trademark attorney Josh Gerben, who is not involved in the case, wrote in a post that Ohio State's claim of consumer confusion may be difficult to prove.

"It's hard to imagine consumers thinking that they are drinking a 'BUCKEYE TEARS' product made or licensed by the University," Gerben wrote. "The fact that the applicant is based in Ann Arbor only strengthens the perception that this is a tongue-in-cheek nod to the Michigan rivalry, not a genuine product made by the University."

The "Buckeye Tears" concept is not new. In 2023, a group of Penn State alumni-owned breweries released a limited-run IPA under the same name ahead of that season's game against Ohio State.

While Ohio State does not own exclusive rights to "Buckeye" across all industries, Gerben said its case could grow stronger if The Brown Jug uses university-related imagery on future products.

"If 'Buckeye Tears' beer or liquor actually comes to market using Ohio State's colors, logos, or other indicia, the case for infringement would be much stronger," Gerben wrote.

The Brown Jug has until Oct. 6 to respond to Ohio State's opposition. Under the proposed timeline, the dispute could extend into 2027 before a final ruling is issued.

The legal battle is the latest extension of the Ohio State–Michigan rivalry, which began in 1897. Michigan has controlled the football series recently, winning the past four meetings. Another victory in 2025 would give the Wolverines their longest winning streak in the matchup since the mid-1920s.