The Electronic Frontier Foundation (EFF) has intervened in a trademark lawsuit brought by the LDS Church against the 'Mormon Stories' podcast, urging the court to dismiss the case and protect free speech rights relating to the use of the term 'Mormon'.
- EFF urges dismissal of LDS Church lawsuit targeting 'Mormon Stories' podcast
- Trademark law should not restrict critique or educational commentary
- Use of the Rogers test favored to safeguard free expression
What happened
The Church of Jesus Christ of Latter-day Saints has filed a trademark lawsuit against the 'Mormon Stories' podcast, which covers topics related to Mormonism and its culture. The lawsuit claims that the use of the term "Mormon" in the podcast’s title infringes on the church's trademark rights. This follows a pattern of the LDS Church asserting trademark control over the term 'Mormon' in prior disputes with other entities including dating sites and nonprofits.
In response, the Electronic Frontier Foundation, represented by attorneys at Ballard Spahr, has submitted an amicus brief urging the court to dismiss the case early. EFF argues that trademarks should not be used to silence or limit criticism, especially over generic or widely-used terms, and emphasizes the importance of protecting free speech in such matters.
Why it matters
Trademark law is designed to prevent consumer confusion about the source of goods and services, not to restrict discussion, criticism, or expressive works involving common terms. The LDS Church’s approach to trademark enforcement over the word "Mormon" raises concerns about its potential to suppress open dialogue and commentary on religion and culture, setting a dangerous precedent for trademark overreach.
EFF promotes applying the Rogers test, a legal standard used by many courts that balances trademark rights with First Amendment protections when trademarks are used in expressive works. Adoption of this test helps ensure that trademark claims without merit do not proceed to expensive litigation, thus protecting free expression and encouraging discourse about important social and cultural topics.
What to watch next
The district court’s response to the EFF’s amicus brief and the LDS Church’s claims will be pivotal. If the court dismisses the lawsuit based on free speech grounds and adopts the Rogers test, it could curtail the church’s ability to broadly control the term "Mormon" through trademark threats.
This case may also set a broader legal precedent for future trademark disputes involving expressive works, impacting how courts balance intellectual property law with First Amendment rights in the digital age. Observers should monitor the ruling for guidance on trademark use in podcasts, commentary, and other media addressing public interest subjects.