Ohio State University Challenges Michigan Restaurant’s ‘Buckeye Tears’ Trademark

The ongoing rivalry between Ohio State University (OSU) and the University of Michigan has taken a legal turn. On Wednesday, OSU formally opposed a trademark application filed by The Brown Jug, Inc., a restaurant located just over a mile from Michigan Stadium in Ann Arbor. The restaurant seeks federal trademark registration for the phrase “Buckeye Tears,” which it uses for a drink priced at $7.

The “Buckeye Tears” drink is a playful reference to OSU’s mascot, the Buckeye, and serves to heighten the longstanding competition between the two institutions. OSU’s legal team asserts that the name may mislead consumers into thinking the university endorses or is connected to the alcoholic beverages offered by the restaurant.

The Brown Jug has not shied away from the playful nature of the dispute. A video shared on Facebook features an employee tossing ice at another person, accompanied by the caption, “Looks like OSU wants to trademark ‘Buckeye Tears’… funny, we’ve been serving them for years.” This light-hearted response illustrates the rivalry’s spirited atmosphere.

In its opposition filing with the U.S. Patent and Trademark Office, OSU highlighted the strong performance of its licensing program, which has reportedly generated over $145 million in royalties and about $2.2 billion in retail sales over the past decade. The university argues that associating the “Buckeyes” name with alcoholic products could damage its reputation and weaken the brand’s integrity.

The Brown Jug’s trademark application, submitted on an “intent to use” basis, indicates that “Buckeye Tears” has not yet been commercially available beyond a limited menu item. Notably, the restaurant has avoided using any of OSU’s trademarks, logos, or school colors in its branding.

The Brown Jug has until October 6, 2023, to respond formally to OSU’s opposition. The timeline suggests that the legal proceedings could extend into 2027 before a final determination is reached. This trademark dispute represents the latest chapter in the historic Ohio State–Michigan rivalry, which began in 1897. Michigan has recently dominated the matchups, winning the last four games. A victory in 2025 would mark the longest winning streak for Michigan in the series since the 1920s. Notably, OSU won the 2025 College Football Playoff National Championship in January.

As this legal battle unfolds, it underscores the passionate and competitive nature of collegiate sports, where branding and identity play significant roles in the rivalry between Ohio State and Michigan.