Restaurant Responds to OSU Trademark Dispute: “See Those Tears?
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Ohio State University’s Trademark Opposition over “Buckeye Tears” Drink Dismissed
What Happened: The Trademark Dispute
Ohio State University (OSU) filed a trademark opposition against The Brown Jug, a restaurant in Ann Arbor, Michigan, over their alcoholic drink called “Buckeye Tears.” This dispute stemmed from the intense rivalry between OSU and the University of Michigan in college athletics. “Buckeyes” is a common nickname for OSU and its fans.
OSU argued that the trademark would associate the university with alcohol consumption and potentially confuse the public into believing OSU endorsed the drink. The Brown Jug countered that the drink was clearly intended as good-natured ribbing related to the athletic rivalry.
Why It Matters: Trademark Law and Fair Use
This case highlights the boundaries of trademark protection, particularly when it comes to commentary and parody. Universities, like any entity with a trademark, are protective of their brand. However, trademark law isn’t intended to stifle all criticism or playful competition. The core question was whether the drink created a likelihood of confusion among consumers.
The case also touches on the concept of “fair use,” which allows limited use of copyrighted or trademarked material without permission, frequently enough for purposes like criticism, commentary, news reporting, teaching, scholarship, or research. While not explicitly a fair use claim, the spirit of the restaurant’s defense aligns with these principles.
The Brown Jug’s Response: A Direct Challenge
The Brown Jug directly addressed OSU’s concerns in their response filed with the U.S. Patent and Trademark Office (USPTO) on October 6th.They argued that OSU was overreacting to harmless banter and that the drink’s association was solely with the rivalry and the perception of OSU fans as “whiny crybabies” when facing defeat.
OSU’s overreaction to a bit of good-natured ribbing just adds more Buckeye tears to the keg, they claim in papers filed with the U.S. Patent and Trademark Office on Oct. 6.
Timeline of Events
| Date | Event |
|---|---|
| September 9, 2025 | Techdirt initially reports on OSU’s trademark opposition. |
| October 9,2025 | Mansfield News Journal publishes an article detailing the case and The Brown Jug’s response. |
| October 6, 2025 | The Brown Jug files its response with the USPTO. |
Who is Affected?
The immediate parties involved are Ohio State University and The Brown Jug restaurant. However, the case has broader implications for trademark law, particularly concerning the protection of trademarks in the context of rivalry and parody. It also affects other businesses that might engage in similar playful branding. College sports fans,especially those involved in the Michigan-OSU rivalry,have a vested interest in the outcome.
faqs
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What is a trademark opposition? A trademark opposition is a legal proceeding initiated by a party who believes that a proposed trademark infringes on their existing rights.
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What is “fair use” in trademark law? While not a direct defense in this case, fair use allows limited use of a trademark for purposes like commentary, criticism, or parody without the trademark