from the petty-petty dept
Ohio State University has had a history of being fairly ridiculous when it comes to trademarks. Whether its trademarking the word “the” (yes, seriously) or stretching the concept of public confusion so far that the school challenged the trademark for a random brand of vodka, the Buckeyes sure love some trademark shenanigans.
But I guess I didn’t realize just how petty and thin-skinned the folks that run OSU’s legal department are. The school has once again challenged a proposed trademark, claiming both the potential for confusion and tarnishment of its brand. The trademark in question would be for a Michigan restaurant’s proposed alcoholic drink called “Buckeye Tears.”
The university filed an Aug. 27 notice of opposition with the United States Patent and Trademark Office to contest an application by Ann Arbor restaurant The Brown Jug, Inc. The business is seeking to trademark “Buckeye Tears” for use with beer and liquor products.
In its filing, Ohio State said the mark could confuse consumers into thinking the university was connected to the products. The school cited the value of its brand, pointing out that its licensing program generated more than $145 million in royalties and roughly $2.2 billion in retail sales over the past decade. University attorneys also argued that associating alcohol with its athletics programs could damage its reputation and dilute the strength of its “Buckeyes” identity.
So, neither of those things are going to happen. Nobody is going to bat an eye at an alcoholic drink called “Buckeye Tears” thinking somehow that it means that the OSU brand endorses alcohol or whatever. I’m also quite sure that everyone assumes that roughly a metric ton of alcohol is consumed on OSU campus every week.
As for any amount of customer confusion, give me a break.
Trademark attorney Josh Gerben, who is not involved in the case, wrote in a post that Ohio State’s claim of consumer confusion may be difficult to prove.
“It’s hard to imagine consumers thinking that they are drinking a ‘BUCKEYE TEARS’ product made or licensed by the University,” Gerben wrote. “The fact that the applicant is based in Ann Arbor only strengthens the perception that this is a tongue-in-cheek nod to the Michigan rivalry, not a genuine product made by the University.”
I can promise you that every single person walking into this restaurant in Ann Arbor, where the University of Michigan is located, knows damn well that the Buckeye Tears they drink won’t have been endorsed by the Buckeyes themselves.
There’s being overly protectionist of trademarks and then there’s being downright petty over a football rivalry. Here’s hoping the USPTO gives OSU something to cry over.
Filed Under: buckeye tears, buckeyes, the, the brown jug, trademark
Companies: ohio state, ohio state university, the ohio state
