COLUMBUS, Ohio (WCMH) -- Trademark lawyers are representing a Michigan bar free of charge after Ohio State University challenged the name of its draft "Buckeye Tears."
The Brown Jug, an Ann Arbor-based bar near the University of Michigan campus, offers Buckeye Tears for $7. The Brown Jug applied and begun the approval process to trademark the term for beer and liquor, but Ohio State filed a formal opposition to halt the trademark.
"Consumers, particularly within the Midwest, inherently associate the term 'Buckeye' with OhioState and the Ohio State Services, including its athletic programs," OSU said in a filing.
OSU argues "Buckeye Tears" infringes on the university's copyrighted material and could be damaging to the university's reputation. Trademark attorney Josh Gerben told NBC4 that Ohio State will need to prove consumers will assume the university is affiliated with the brew.
Firm partners Todd Gregorian and Eric Ball are confident in their defense and took the case on pro bono. Gregorian was a patron of the Brown Jug as a law student at the University of Michigan, and the pair seized the opportunity to give back.
"We're here to give the Brown Jug the strongest D-line that we can," Ball said.
‘She Wins Act:’ Ohio bill pushes for 24-hour abortion waiting periodGregorian said it's unlikely anyone would be confused about the product. He said although the name might poke fun or hurt feelings, it does not tarnish OSU's brand.
"Ohio State just stands between a rock and a hard place," Gregorian said. "The university is claiming rights on a term that's generic and really used by the public in Ohio for a bunch of other purposes, and at the same time, they are claiming that their singular use of the Buckeye mark is so famous that everyone in the country knows it refers to them."
Ohio State is one of the largest universities in the U.S. and the Buckeyes are the reigning college football national champions. The Brown Jug said that makes them recognizable in many circles, but not unilaterally.
Ball said although Ohio State's branding is well-known among trademark lawyers -- referring to OSU's attempts and successes in trademarking the word "THE" -- the general public is less aware of their hallmarks. Watch previous coverage of the "THE" ruling in the video player above.
End-of-October deals launch Big Lots comeback: See all 28 Ohio stores reopenedIn its court filing, the Brown Jug offered examples of other liquor and beer brands with buckeye branding, part of more than 5,700 registered Ohio businesses with "buckeye" in the name. The Brown Jug included nine photos of "buckeye" alcohols as evidence that they are not inherently synonymous with Ohio State.
Some Ohio-based alcoholic brands with "buckeye" in their name refer to the tree or state symbol. However, other brands cited in the legal filing do lean into Ohio State sports on social media. One of the examples, Buckeye Vodka, is even officially licensed with Ohio State and an athletic sponsor.
"The success of Ohio State in its educational missions, including its arts and athleticprograms, have cemented the presence of the BUCKEYES Mark and BUCKEYE FormativeMarks on a national stage," OSU wrote in its court filing.
Niko Porikos, son of the Brown Jug's owner, said the Buckeye Tears brew has become incredibly popular. He attributed most of the beer's success to OSU's legal challenge.
What we learned from Ohio State’s shutout victory over Wisconsin"Due to the pettiness of THE school down south, a beast has been unlocked," Porikos said via email. "We are struggling to keep up with the insane demand over the last few weeks and are pursuing additional product lines."
Porikos clarified any additional products will be in maize and blue to avoid similar confusion.
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