Ohio State university Attempts to Block Trademark for “Buckeye Tears” Alcoholic Beverage
ANN ARBOR, MI - Ohio State University is challenging a trademark submission for ”Buckeye tears,” a name proposed for use on beer and liquor products, arguing teh branding could confuse consumers into believing the university endorses the alcohol. The application, filed by Brown Jug, Inc., has drawn ire from the university, which cited the value of its “buckeyes” brand – generating over $145 million in royalties and approximately $2.2 billion in retail sales over the past decade – and concerns that associating alcohol with its athletics programs could damage its reputation.
The dispute centers on a playful jab at the longstanding football rivalry between Ohio State and the University of Michigan, whose campus is located in Ann Arbor, where Brown Jug, Inc. is based.
University attorneys contend the trademark could dilute the strength of the “Buckeyes” identity. However, trademark experts question the validity of the university’s claims. Josh Gerben, a trademark attorney not involved in the case, wrote in a blog post that proving consumer confusion would be “difficult,” adding, “It’s hard to imagine consumers thinking that they are drinking a ‘BUCKEYE TEARS’ product made or licensed by the University.” Gerben further noted the applicant’s ann Arbor location ”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 U.S. Patent and Trademark Office (USPTO) will ultimately decide whether to approve the “Buckeye Tears” trademark. The case highlights the frequently enough-aggressive protection of university branding and the potential for disputes arising from spirited athletic rivalries.
