Ohio State Trademark Dispute: ‘Silly Rivalry’ Controversy
- Ohio State University (OSU) has a history of aggressively pursuing trademarks, and recently challenged a Michigan restaurant's submission to trademark an alcoholic drink called "Buckeye Tears." This...
- Ohio State University has a history of being fairly zealous when it comes to trademarks.
- The current dispute involves an application by Ann Arbor restaurant The Brown Jug, Inc.
Ohio State University Challenges Trademark for “Buckeye Tears” Drink
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Ohio State University (OSU) has a history of aggressively pursuing trademarks,
and recently challenged a Michigan restaurant’s submission to trademark an
alcoholic drink called “Buckeye Tears.” This continues a pattern of
trademark disputes, including challenges over the word “the” and a vodka
brand.
Background: OSU’s Trademark History
Ohio State University has a history of being fairly zealous when it comes to
trademarks. Previous examples include trademarking the word “the” and
challenging the trademark for a brand of vodka called ”Vohio.” These actions
have drawn criticism for being overly aggressive and stretching the concept
of trademark infringement.
The “Buckeye Tears” Trademark Dispute
The current dispute involves an application by Ann Arbor restaurant The Brown
Jug, Inc. to trademark “Buckeye Tears” for use with beer and liquor
products. OSU filed a notice of opposition with the USPTO, arguing that the
trademark could cause consumer confusion and tarnish its brand.
The university filed an aug.27 notice of opposition with the United
States Patent and Trademark office
to contest an application by Ann Arbor restaurant The
Brown
Jug, Inc.
The business is seeking to trademark
“Buckeye Tears” for use with beer and liquor products.
In its filing, ohio State said the mark could confuse consumers into
thinking the university was connected to the products. The school cited
the value of its brand, pointing out that its licensing program generated
more than $145 million in royalties and roughly $2.2 billion in retail
sales over the past decade. University attorneys also argued that
associating alcohol with its athletics programs could damage its
reputation and dilute the value of its trademarks.
OSU’s Arguments: Confusion and Brand Dilution
OSU’s opposition is based on two main arguments:
-
Likelihood of Confusion: OSU claims that consumers might
believe the university is affiliated with the “Buckeye Tears” drink,
leading to confusion about endorsement or sponsorship. - Tarnishment