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Posted: Mar 29, 2024 / 06:30 AM EDT

Updated: Mar 28, 2024 / 10:03 PM EDT

COLUMBUS, Ohio (WCMH) – A Columbus-area distillery has been accused of diluting Ohio State University’s brand with its Buckeyes-themed vodka.

Ohio State is contesting the trademark application of Noble Cut Distillery for its VOHIO vodka. The university claims the vodka’s use of “VOHIO” and colors associated with Ohio State misleadingly suggest a connection between the vodka and the university. The opposition filed by the university with the U.S. Patent and Trademark Office, points out the distillery’s social media posts and the vodka label’s colors that “unmistakably point to Ohio State.”

Noble Cut Distillery, established in 2014 in Gahanna, has been selling VOHIO vodka since at least September 2021, according to their trademark application. In response to this application, Ohio State asserted on March 11 that its own “Ohio State” trademark, granted in 1981 and in use since 1878, carries precedence.

The university also maintains the priority of licensed uses of its marks by approved third-party sellers. These marks include “Buckeyes,” “OSU,” “Ohio Stadium,” and expressions popular with fans such as “OH-IO,” “O-HI-O,” and “O-H-I-O.” The university insists that the “V” in VOHIO does not adequately differentiate the vodka from Ohio State.

According to the opposition filing, “The element most likely to be remembered by consumers in such mark is the well-known and identifiable term ‘OHIO.'”

Noble Cut Distillery declined to provide comment.

Given the extensive diversity and categories of products featuring licensed Ohio State trademarks, like beer koozies and shot glasses displaying the Buckeyes logo, the university argues that any logical consumer would assume that VOHIO vodka is likewise affiliated with Ohio State. The university also contends that Noble Cut Distillery’s marketing for the vodka indirectly suggests such an association.

In various Instagram posts, Noble Cut displays VOHIO vodka next to officially licensed Ohio State merchandise, including Ohio State-emblazoned plastic cups and an Ohio State cooler. They also link the vodka to Ohio State football matches. Several captions on the posts make reference to Ohio State game day, encouraging fans to enjoy VOHIO vodka at pre-game tailgates.

In an Instagram post made in September 2023, which was included in Ohio State’s objection filing, Noble Cut exhibits a banner from a football tailgate event. The banner includes an image of its VOHIO vodka placed next to a football and a Buckeyes necklace. It displays the words, “Tailgate Vodka Made in Ohio.”

The design of the VOHIO label is criticized by Ohio State due to its similarities with the Buckeyes football uniform’s signature athletic stripe pattern.

Ohio State spokesperson Chris Booker has stated that each year, the university’s trademark and licensing program generates around $17 million. Hence, protecting the brand and trademarks is critical.

Booker further stated that these assets are of great value and contribute to their fundamental academic mission which includes teaching and research.

Noble Cut has had success in getting similar vodka marks trademarked using the same “V” theme. In November 2023, they received trademarks for “VOPENN” and “VOTENN”, using them to market vodka bottles coloured like Penn State University and the University of Tennessee respectively. There was no opposition to these trademark applications from either university.

Noble Cut originally had until April 20 to respond to Ohio State’s opposition, but on Thursday, it requested a 60-day pause in court proceedings because it has entered into settlement negotiations with the university. Proceedings will resume May 28.

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