Ohio State sues Michigan-based restaurant The Brown Jug over 'Buckeye Tears' trademark

Ohio State University filed a trademark opposition lawsuit Wednesday against the Ann Arbor, Michigan-based restaurant The Brown Jug over a year-old trademark request involving beer and liquor called “Buckeyes Tears,” according to the United States Patent and Trademark Office online portal.

This isn’t the first time the “Buckeye Tears” branding has been attempted by Big Ten rival fans. In 2023, multiple Pennsylvania breweries owned by Penn State alumni collaborated on an IPA called “Buckeye Tears” to be released ahead of that season’s Ohio State-Penn State game, according to FOX Sports.

As it pertains to Wednesday’s trademark lawsuit, Ohio State is alleging The Brown Jug’s use of the “Buckeye Tears” trademark would damage the school’s brand by associating it with alcohol and potentially confuse consumers about the “Buckeyes” team name.

New York- and Pennsylvania-based trademark attorney Josh Gerben of Gerben IP suggested any claim by Ohio State that “Buckeye Tears” would lead consumers to confuse The Brown Jug’s promotional beer or liquor product with the school’s football program “seems like a stretch” in a blog posted to his website.

“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.”

As part of it’s initial trademark application, filed last year, shows the “Buckeye Tears” branding would be limited to a local menu item, and doesn’t use any similar Ohio State-specific branding like the school’s colors or even a similar font.

“However, 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 University could argue that the branding intentionally leverages its identity, even if the intended audience is rival Michigan fans.”

The Brown Jug has until Oct. 6 to answer Ohio State University’s legal opposition as part of a proposed schedule that could see the case face trial in early 2027.