Round Rock, TX asked in Trademark and Intellectual Property for Texas

Q: Can I use "summit" on a personal t-shirt at a Varsity event?

I see that "D2 Summit" and "THE Summit" are trademarks/wordmarks for Varsity Spirit LLC. I plan to attend a Varsity event and want to create a personal t-shirt using just the word "summit" without any logos or imagery from Varsity Spirit LLC. I won't be selling these shirts. Can I use the word "summit" for this purpose?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on general trademark principles, using just the word "summit" on a personal t-shirt you're making for yourself is likely acceptable, even at a Varsity event. Trademark protection typically covers specific combinations and contexts rather than common dictionary words used alone in non-competitive ways.

The words "D2 Summit" and "THE Summit" are what Varsity Spirit LLC has trademarked, not the standalone word "summit" which remains a common English term referring to a peak or high-level meeting. Your personal, non-commercial use on a t-shirt that doesn't mimic Varsity's branding, logos, or create confusion about official merchandise would generally fall outside trademark concerns.

However, trademark law can be nuanced, and the specific design and context matter. If your shirt might create confusion or appear to be official Varsity merchandise, you could potentially face issues. For complete peace of mind, you might consider consulting with an attorney who handles intellectual property matters, or contacting Varsity Spirit LLC directly to ask about their policies for personal, non-commercial use of the word at their events.

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