The Electronic Frontier Foundation (EFF) is urging a district court to dismiss a trademark lawsuit filed by the Church of Jesus Christ of Latter-day Saints against the Mormon Stories podcast, according to a report published August 11.
In an amicus brief filed with the assistance of attorneys at Ballard Spahr, the EFF argues that the lawsuit seeks to control the use of a common term for its common meaning, which the organization characterizes as trademark bullying.
The EFF's brief requests that the court adopt the Rogers test, a standard used by many courts for cases involving trademarks used as part of expressive works rather than brand names. The organization states that this test serves as an important First Amendment safeguard by making it easier to dismiss meritless trademark claims before expensive litigation begins.
According to the EFF, trademark law is intended to help consumers identify product sources rather than to control criticism. The organization argues that allowing trademark owners to control discussion over entire topics would be an unacceptable obstacle to commentary.
The EFF stated it has opposed the LDS Church's use of trademark law for over a decade. Previous instances involving the church include a 2014 amicus brief regarding Mormon Match, a 2016 threat of legal action against the Mormon Mental Health Association, and a 2025 attempt to pressure Burke Sorenson to change the name of the Mormon News Roundup podcast.
