Ohio State and Michigan are clashing again, but this time the battleground is the U.S. Patent and Trademark Office.
The Ohio State University recently filed a formal opposition to block Ann Arbor-based The Brown Jug, Inc. from trademarking the phrase “Buckeye Tears” for use on beer and liquor products, according to a report by CBS Sports.
Ohio State argued that the proposed trademark could mislead consumers into believing the university was affiliated with the alcohol products, per the court documents. The school's attorneys claim the financial weight of the Ohio State brand, noting its licensing program has generated more than $145 million in royalties and $2.2 billion in retail sales over the past decade. They also raised concerns that tying alcohol directly to Buckeye athletics could tarnish the university’s reputation and dilute its well-known trademarks.
The Brown Jug’s application was filed on an “intent to use” basis, meaning “Buckeye Tears” is not yet in commercial circulation. So far, the phrase has appeared only in limited contexts, such as on a menu item, and without Ohio State logos or colors.
However, independent trademark attorney Josh Gerben suggests Ohio State could face a difficult challenge. He noted that consumers are unlikely to think a Michigan bar is selling beer licensed by its rival.
"Ohio State’s dilution argument is also tricky," Gerben wrote. "The word “Buckeye” has been registered in connection with a wide range of unrelated products—everything from cable TV services to ice cream to barbecue food products. The University doesn’t own the term across all industries, and it notably lacks any trademark registrations for alcohol products."
Ohio State’s legal position could get stronger if The Brown Jug later uses university imagery on products. A similar “Buckeye Tears” IPA was brewed by Penn State alumni-owned breweries in 2023, showing the phrase has traction as a rivalry nod across college football.
The Brown Jug must respond by October 6. With the case potentially stretching into 2027, the trademark dispute becomes the latest extension of a rivalry dating back to 1897—one Michigan has recently dominated with four straight wins on the field.
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