Dismiss Church’s Trademark Lawsuit Against “Mormon Stories” Podcast, EFF Urges Court
Original reporting by Electronic Frontier Foundation
Trademark law, designed to help consumers identify commercial sources, is increasingly being weaponized to suppress critical speech, a tactic exemplified by the Church of Jesus Christ of Latter-day Saints’ (LDS Church) ongoing efforts to control the word “Mormon.” This expansive claim to intellectual property rights, likened to McDonald’s owning “fast food” or a nation trademarking its name, poses a significant threat to open commentary and criticism. For over a decade, the Electronic Frontier Foundation (EFF) has consistently challenged the LDS Church’s use of expensive litigation threats to pressure individuals and organizations into compliance.
Protecting discourse
The latest iteration of this conflict sees the LDS Church suing the "Mormon Stories" podcast. In response, EFF, alongside Ballard Spahr attorneys, has filed an amicus brief urging the district court to dismiss the case. The brief emphasizes that trademark law's purpose is not to stifle criticism or control common terms. Instead, it advocates for the application of the "Rogers test," a crucial First Amendment safeguard for expressive works, which would enable early dismissal of meritless claims. By endorsing this test, the court could curtail such trademark bullying, protecting free speech and preventing the monopolization of public discussion.
The ongoing legal challenge surrounding the *Mormon Stories* podcast, supported by EFF's amicus brief, represents a critical juncture in the long-running dispute over the Church of Jesus Christ of Latter-day Saints' use of trademark law. This case, like others before it, highlights a fundamental tension: the misuse of intellectual property protections to control speech and stifle commentary, rather than to serve trademark's true purpose of source identification for consumers. Our brief urges the court to dismiss this meritless claim and embrace the Rogers test, ensuring that expressive works are shielded from weaponized litigation.
Safeguarding Public Discourse
The implications of this litigation extend far beyond the immediate parties. A ruling against the LDS Church, especially one endorsing the Rogers test, would establish a vital precedent for protecting free speech in the digital age. It would send a clear message that powerful institutions cannot leverage trademark law to monopolize common terms, suppress criticism, or dictate the narratives surrounding their practices. This outcome would empower independent journalists, researchers, and creators to discuss and analyze significant cultural and religious topics without fear of costly legal intimidation. Ultimately, this case underscores the imperative of upholding the First Amendment, ensuring that legal frameworks designed to promote fair commerce are not corrupted into tools for censorship, thereby fostering a more open and robust public discourse for all.