Dismiss Church’s Trademark Lawsuit Against “Mormon Stories” Podcast, EFF Urges Court
Imagine if McDonald’s could use trademark law to control how you use the term “fast food.” Or if the Canadian government could stop you from using the word “Canada” in the title of a book about the country and its people. That wouldn’t just be absurd; it would be an unacceptable obstacle to criticism of and commentary about those institutions. Yet the Church of Jesus Christ of Latter-day Saints…
The Church of Jesus Christ of Latter-day Saints, commonly known as the LDS Church, has filed a trademark lawsuit against the podcast "Mormon Stories" for allegedly infringing on its trademark rights. In response to this lawsuit, the Electronic Frontier Foundation (EFF) has filed an amicus brief urging the district court to dismiss the case.
According to the EFF, the LDS Church has a history of abusing trademark law to control speech and criticism. The organization has previously sued an online dating service and a mental health association for using the term "Mormon." In the current case, the LDS Church is attempting to force the podcast's creator, Burke Sorenson, to change the name of his show.
The EFF argues that trademark law should be used to help consumers identify the source of products, not to control speech. To that end, the organization proposes the use of the Rogers test, a First Amendment safeguard that has been adopted by many courts. This test is more protective of speech than what's typically applied in trademark cases.
By applying the Rogers test, the court can more easily dismiss meritless trademark claims early in the litigation process, allowing speakers to more confidently stand up for their rights.
The EFF emphasizes that trademark law is not meant to extend to generic terms, as doing so could give trademark owners disproportionate power to control discussion and debate on important topics. The organization hopes that a court will take action to stop the LDS Church's trademark bullying and adopt the Rogers test to protect free speech in similar cases.
Written by urgent.news from EFF Deeplinks's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
