Distillery accused of diluting Ohio State brand with Buckeyes-themed vodka

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 opposing Noble Cut Distillery’s trademark application for its VOHIO vodka, claiming its use of “VOHIO” and Ohio State’s colors falsely suggest to consumers that the vodka is affiliated with the university. In an opposition filing with the U.S. Patent and Trademark Office, the university highlighted the distillery’s social media posts and the vodka label’s colors as “uniquely and unmistakably pointing to Ohio State.”

Noble Cut, opened in 2014 in Gahanna, has sold VOHIO well vodka since at least September 2021, according to its trademark application. In Ohio State’s March 11 opposition to the application, the university said its “Ohio State” trademark, granted in 1981 and used since 1878, takes precedence. 

So, too, do the marks Ohio State has licensed for use by approved third-party sellers, including “Buckeyes,” “OSU,” “Ohio Stadium” and “the beloved fan chants of ‘OH-IO,’ ‘O-HI-O’ and ‘O-H-I-O,’” the university argues. It claims the “V” in VOHIO doesn’t sufficiently distinguish the vodka from Ohio State.

“The element most likely to be remembered by consumers in such mark is the known and recognizable term ‘OHIO,’” the opposition filing reads.

Noble Cut Distillery declined to comment.

Considering the vast number and types of products sold with licensed Ohio State marks, including Buckeyes beer koozies and shot glasses, the university argues any reasonable consumer would think VOHIO vodka is also connected to Ohio State. It also argues that Noble Cut Distillery’s advertising for the vodka further implies such a relationship.

In several Instagram posts, Noble Cut poses VOHIO vodka alongside licensed Ohio State products, including Ohio State-branded plastic cups and an Ohio State cooler, or otherwise associates the vodka with Ohio State football games. Multiple post captions mention Ohio State game day, urging consumers to drink VOHIO vodka at tailgates. 

In an Instagram post from September 2023, which Ohio State included in its opposition filing, Noble Cut showcases a banner at a football tailgate featuring an image of its VOHIO vodka with a football and Buckeyes necklace. The banner reads, “Tailgate Vodka Made in Ohio.”

The design of the VOHIO label is itself problematic, according to Ohio State. It features the same colors as “the signature athletic stripe pattern” on the Buckeyes football uniform.

In a statement, Ohio State spokesperson Chris Booker said the university’s trademark and licensing program rakes in about $17 million in revenue each year. It’s important to protect the brand and trademarks, he said. 

“These assets hold significant value and support our core academic mission of teaching and research,” Booker said.

Noble Cut has successfully trademarked similar vodka marks using the same “V” theme. In November 2023, it was awarded trademarks for “VOPENN” and “VOTENN,” which it has used to sell bottles of well vodka bearing the colors of Penn State University and the University of Tennessee, respectively. Neither university opposed the trademark applications.

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.