Ohio State University Moves to Block ‘Buckeye Tears’ Trademark

By Josh Gerben, Esq.

Published: August 28, 2025 Published: August 28, 2025

The Ohio State University has filed a legal challenge to stop a Michigan company from registering the phrase ‘BUCKEYE TEARS’ as a trademark.

The opposition, lodged with the U.S. Patent and Trademark Office on August 27th, targets an application by Ann Arbor–based The Brown Jug, Inc. The application for ‘BUCKEYE TEARS’ (unsurprisingly controversial given the heated Ohio State–Michigan rivalry) claims that it would be used as a brand name for beer and liquor products.

In its filing, Ohio State highlighted its century-long association with the “Buckeyes” nickname, noting that it is one of only five universities to win NCAA championships in baseball, basketball, and football. The school argued that its licensing program has generated more than $15 million in royalties and $2.2 billion in retail sales over the past decade, demonstrating the strength and commercial value of its “Buckeyes” identity.

Ohio State claims that consumers might falsely believe ‘BUCKEYE TEARS’ products are connected to the University, especially since they would be marketed to students, alumni, and fans. The school further argued that the association of beer and liquor with its athletics programs could damage its reputation and also dilute its rights in the ‘BUCKEYE’ mark.

That said, the University did not produce any evidence in its filing that showed that the Michigan company intends to reference Ohio State in its marketing.

So, who is likely to win the case?

When it comes to trademark law, the central question is whether the average consumer would believe that Ohio State University is behind a ‘BUCKEYE TEARS’ brand of beer or liquor. Frankly, that seems like a stretch.

It’s hard to imagine consumers thinking that they are drinking a ‘BUCKEYE TEARS’ product made or licensed by the University. 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.

Ohio State’s dilution argument is also tricky. 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 University’s ‘BUCKEYES’ Trademark Registration #1
• Ohio State University’s ‘BUCKEYES’ Trademark Registration #2
• Ohio State University’s ‘BUCKEYES’ Trademark Registration #3

That said, Ohio State’s best argument may be based on how the owner of ‘BUCKEYE TEARS’ actually ends up using the trademark. Keep in mind, the trademark application being challenged was filed based on an ‘intent to use.’ This means that, at the time of filing, The Brown Jug was not using the ‘BUCKEYE TEARS’ trademark in commerce.

As of August 28, 2025, about a year after the application was filed, it appears as though the trademark is being used in a limited manner as a menu item. The menu does not use any other indica of Ohio State University, making The Brown Jug’s case stronger.

The Brown Jug’s Drink Menu, with ‘BUCKEYE TEARS’ Use Called Out

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

For now, though, this looks like a close call. Ohio State has staked its ground, but the Michigan company has room to defend itself. 

We’ll have to see who is left with tears when the dispute is resolved. 

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.