Thursday October 23rd, 2025
THE LANTERN
Year 144, Issue 9.
The independent student voice of Ohio State University since 1881.
Michigan Bar receiving free legal representation over ‘Buckeye Tears’ Beer Ally Wolfe Campus Senior Writer
O
hio State’s trademark challenge over an Ann Arbor bar’s beer, named “The Brown Jug’s Buckeye Tears mark is not likely to cause confusion with “Buckeye Tears,” can only work if the university sells its own Ohio State’s marks,” the legal team wrote in their opposition. “The brand of beer. Brown Jug’s beer and spirits are unrelated to the goods That is among the arguments filed on behalf of and/or services designated by Ohio State’s purported the Michigan bar, known as The Brown Jug, by Buckeyes mark. The parties use distinct channels a pair of attorneys who say they’re proud to of trade for their respective goods, and they offer their services free of charge. sell to sophisticated and distinct purchasThe Brown Jug applied on Aug. 19, ers.” 2024 to trademark Buckeye Tears In the same court filing, The Brown for beer and liquor. The univerJug mentioned other examples of sity filed opposition documents liquor and beer brands with “buckAug. 27 with the U.S. Patent eye” in the name, including nine and Trademark Office, arguphotos of “buckeye” alcohols as ing the name could confuse evidence they are not synonyconsumers into thinking Ohio mous with Ohio State. State endorsed the product or Ball said in addition to supwas connected to it, per prior porting the Michigan side of the Lantern reporting. rivalry, they chose to take this Trademark lawyers Todd case based on First Amendment Gregorian and Eric Ball from precedents. Fenwick & West law firm took “The Supreme Court has overon the defense and are representruled a number of statutes recently ing The Brown Jug pro bono. on the basis of, if someone is making “It seems to be a case where Ohio this claim and saying ‘I don’t like you State is once again, being overly aggresusing this trademark because it hurts my sive about trademark rights in a way that ego, or its scandalous, or I just don’t like it’ opdoesn’t really serve consumers,” Gregorian said. posed to ‘it’s creating confusion,’” Ball said. “That’s “Core to that here is the idea that no one’s really kind of what’s going on here.” JACKIE SMITH / MLIVE VIA TNS confused about thinking that Ball said ultimately, they are Ohio State is selling ‘Buckeye just there to give The Brown Jug A tapline at The Brown Jug in Ann Arbor shows the beer Buckeye Tears on Thursday, Tears’ beers. They would never Sept. 4, 2025. The name is the source of a trademark dispute with Ohio State, spurring a the “strongest D-Line we can bit of a surge among Michigan fans to seek the beer out. do that, right?” and we’re hopeful for victory” Gregorian, a 2004 Univerreferring to both the bar and The sity of Michigan Law School Game, played on Nov. 29. graduate and former patron of The Brown Jug, said he saw the initial articles Niko Porikos, son of The Brown Jug’s owner, said in an email that the tradeabout the story and was happy to get into a fight “close to home,” and advocate mark situation has increased business for the bar and the support from the for positions in trademark law that he believes in. Michigan community has been “incredible.” Ohio State Spokesperson Chris Booker said the university will let the trade“We would like to thank the OSU lawyers for bringing such a light to our busimark filing speak as the university’s comment on the case. ness,” Porikos said. “We’d like to keep the rivalry fun—as it should be, played on On Oct. 6, in papers filed with the U.S. Patent and Trademark Office, Gregofields, in stadiums and arenas, not in courtrooms.” rian and Ball responded to Ohio State’s opposition of the trademark application.