The Electronic Frontier Foundation has urged a district court to dismiss a trademark lawsuit filed by The Church of Jesus Christ of Latter-day Saints against the Mormon Stories podcast, arguing the litigation represents an attempt to use trademark law to control criticism and commentary about Mormonism and Mormon culture.
EFF Urges Immediate Dismissal
In an amicus brief filed on behalf of the Mormon Stories podcast, the Electronic Frontier Foundation (EFF) argued that trademark law should be used to help consumers identify product sources rather than to control speech. The EFF, working with attorneys from Ballard Spahr, requested that the district court dismiss the case as soon as possible to prevent the expensive costs associated with prolonged litigation.
Legal Standards and Speech Protections
The EFF's legal challenge centers on the application of the Rogers test, a legal standard adopted by many courts but not yet by the specific court currently presiding over this case. The test is designed to protect First Amendment rights in instances where a trademark is used as part of an expressive work rather than strictly as a brand name. The EFF contends that adopting this test would make it easier to dismiss meritless trademark claims before they reach the most expensive stages of legal proceedings, thereby allowing speakers to defend their rights with more confidence.
Risks of Controlling Common Terms
The EFF's brief highlights the potential dangers of allowing trademark owners to control the use of common terms for their common meanings. The organization argued that if trademark law were used to control such terms, it could grant owners the power to control discussion and debate over entire topics. The EFF compared the situation to a scenario where a corporation could use trademark law to control the use of a term like "fast food" or a government could prevent the use of a country's name in a book about its people.
History of Trademark Disputes
The current lawsuit against the Mormon Stories podcast is part of what the EFF describes as a decade-long history of opposition to the LDS Church's use of trademark law. According to the EFF, the church has a history of using the threat of expensive litigation to pressure speakers into compliance.
Past Legal Actions
The EFF cited several previous legal confrontations involving the LDS Church to illustrate its claims of trademark abuse. In 2014, the EFF filed an amicus brief during a lawsuit brought by the church against an online dating service for church members known as Mormon Match. In 2016, the EFF stated that the church threatened legal action against the Mormon Mental Health Association, a nonprofit organization for mental health professionals working with members of Mormon faiths.
Recent Legal Pressures
The organization also noted a 2025 incident where the church attempted to pressure Burke Sorenson to change the name of his podcast, Mormon News Roundup. The ongoing dispute with the Mormon Stories podcast continues this pattern of litigation involving the use of the term "Mormon" in expressive media.
Ongoing Litigation Overview
The Mormon Stories podcast continues to document Mormonism and Mormon culture through its programming. The church's legal actions regarding the podcast's name remain a central point of contention in the ongoing litigation.
