**From the Proving-the-Point Dept: Ohio State University’s Trademark Opposition Over “Buckeye Tears” Draws Ire**
Several weeks ago, we covered a rather silly trademark opposition filed by Ohio State University (OSU) against a restaurant in Ann Arbor, Michigan, called The Brown Jug. The dispute centered around the restaurant’s offering of an alcoholic drink named “Buckeye Tears.”
To understand the controversy, it helps to know that the University of Michigan and OSU are fierce rivals in college athletics. Ohioans, and OSU fans in particular, are famously referred to as “Buckeyes.” OSU claimed that allowing a trademark for “Buckeye Tears” would cause the public to associate the university with alcohol (which they found horrifying) and might confuse people into believing OSU endorsed or was involved with the drink.
Both claims strike us as absurd.
The only association most patrons of The Brown Jug would make with “Buckeye Tears” is the ongoing rivalry between the two schools — and the reputation that OSU and its fans tend to be a bit whiny when things don’t go their way.
This point was made explicitly clear in the restaurant’s response to OSU’s opposition. Filed with the U.S. Patent and Trademark Office on October 6, The Brown Jug’s lawyers said OSU’s overreaction only adds more “Buckeye tears” to the keg.
“The Buckeye Tears mark plays into a perception shared by Michigan fans, particularly after their football team’s four consecutive victories over Ohio State, that Ohio State and its supporters may sometimes act like sore losers,” attorneys from the law firm Fenwick & West wrote on behalf of The Brown Jug.
They continued, “Ohio State’s very filing of the opposition validates that perception.”
In other words — yeah, exactly.
Adding to this, The Brown Jug’s legal team pointed out that the term “Buckeye” isn’t uniquely associated with OSU. In fact, it’s used in more than 5,700 licensed businesses in Ohio and appears on various trademarked products and services throughout the state, including beer, wine, and liquor — brands that OSU has seemingly chosen not to police.
“Ohio State only called in their team of lawyers when a Michigan small business sought to make a good-natured joke,” the attorneys remarked.
So, that “pain water” must be pretty delicious — and perhaps just the kind of rhetorical jab The Brown Jug was aiming for all along.
https://www.techdirt.com/2025/10/20/restaurant-responds-to-osus-opposition-to-buckeye-tears-trademark-see-those-tears-like-that/
