ANN ARBOR, MI – An Ann Arbor restaurant attempting to trademark the term “Buckeye Tears” for a local beer is pushing back against a legal challenge from The Ohio State University in a reply that also appears to poke fun at the storied Michigan rival.
Ohio State first filed a notice of opposition in late August with the U.S. Patent and Trademark Office against an application from the Brown Jug, 1204 S. University Ave., alleging a Buckeye Tears product would “cause confusion” among customers and suggest an affiliation with the university.
Buckeyes are the Ohio State mascot.
The Brown Jug serves Buckeye Tears as a set of beers provided by a local distributor. It has been described as a light beer. Founded in the 1930s, the restaurant has long been popular among University of Michigan sports fans, students and alumni.
In a reply filed Monday, Oct. 6, the restaurant’s owners refuted Ohio State’s claim that Buckeye Tears would confuse fans, alleging the university is instead attempting to police use of an otherwise common term with a “team of lawyers only when a Michigan small business sought to make a good-natured joke.”
The mark “plays into a perception shared by Michigan fans — particularly in the wake of their football team’s four consecutive victories over Ohio State — that Ohio State and its supporters may on occasion act like sore losers,” the reply reads. “Ohio State’s very filing of the opposition validates that perception.”
In September, Niko Porikos, whose father Perry owns the Brown Jug, said they’ve been serving Buckeye Tears for about a year and filed the trademark application as part of their due diligence in the event they decided to can and sell a beer down the road.
Ohio State’s original challenge claimed the Brown Jug’s beer would “dilute the distinctiveness” of the Buckeyes brand, which generates millions in royalty revenue every year.
Despite being the Ohio State mascot, the Brown Jug’s reply also cites the term Buckeyes as a reference to all Ohioans because of the state’s official tree and as a term that’s been used to refer to residents of the state dating back to the 18th century in historical accounts of early settlers.
The term “Buckeye” could also refer to more than 5,700 Ohio businesses, according to the reply.
“No one in their right mind would ever think that Ohio State is the source of goods inviting the consuming public to feel schadenfreude over the losses of Ohio State athletic teams and the disappointment of Ohio State fans,” the reply reads.
Porikos has pointed to a boost in sales of Buckeye Tears orders since the name dispute gained attention and previously said he found Ohio State’s challenge “silly and comical.” Both Niko and Perry Porikos are former Michigan athletes.
The Brown Jug and Ohio State now face a months-long rebuttal and disclosure period with proceedings slated to continue into 2027 under a listed legal timeline.
Todd Gregorian, an attorney for the Brown Jug, confirmed his firm Fenwick is handling the trademark case pro bono.
Michigan and Ohio State’s storied rivalry dates back more than a century with UM coming out ahead so far with 62 wins to its rival’s 51 and six ties, according to the Bentley Historical Library. The Wolverines are scheduled to take on Ohio State Nov. 29 in Ann Arbor.