Ohio State sues Michigan restaurant over its ‘Buckeye Tears’ drink

The Ohio State University and the University of Michigan’s longtime rivalry is spilling over into the legal system.

OSU lodged an opposition on Wednesday to a trademark application filed by The Brown Jug, Inc., a restaurant located just over a mile away from Michigan Stadium in Ann Arbor. The eatery is seeking federal trademark registration for the phrase “Buckeye Tears,” intended for use on beer and liquor products it serves. Currently, “Buckeye Tears” is available on draft for $7.

The name is a nod to OSU’s mascot, the Buckeye, and adds a new layer to the heated rivalry between the two fan bases.

OSU’s legal team argues that the “Buckeyes tears” name could mislead consumers into believing the university is connected to, or endorses, these alcoholic beverages.

While the name is now in court, that isn’t stopping the Brown Jug from having fun online. A Facebook video from August 28 shows an employee reaching into her drink and throwing ice at another person with the caption, “Looks like OSU wants to trademark ‘Buckeye Tears’… funny, we’ve been serving them for years.”

In its filing with the U.S. Patent and Trademark Office, OSU mentioned the robust performance of its licensing program, which has generated more than $145 million in royalties and totaled around $2.2 billion in retail sales over the past decade. The university further contends that linking its beloved “Buckeyes” moniker to alcohol products could harm its reputation and dilute the brand’s strength.

The Brown Jug’s application was submitted last year on an “intent to use” basis, meaning the phrase “Buckeye Tears” has yet to enter commercial circulation. To date, it appears only on a limited menu item, and importantly, the restaurant has refrained from using any Ohio State trademarks, logos or school colors.

The Brown Jug has until October 6 to formally respond to OSU’s opposition. Per the proposed timeline, the legal dispute could extend into 2027 before reaching a final determination.

This trademark confrontation is the latest chapter in the storied Ohio State–Michigan rivalry, which dates back to 1897. Michigan has dominated recent matchups, winning the past four games. A 2025 victory would mark the rival’s longest winning streak in the series since the 1920s.

OSU won the 2025 College Football Playoff National Championship in January.