EFF Urges Dismissal of LDS Church Trademark Lawsuit Against 'Mormon Stories' Podcast

• The Electronic Frontier Foundation (EFF) has filed an amicus brief supporting the 'Mormon Stories' podcast, which is currently being sued by the Church of Jesus Christ of Latter-day Saints (LDS Church) over trademark infringement.
• EFF argues that the court should dismiss the lawsuit, characterizing the church’s actions as "trademark bullying" designed to stifle criticism and commentary regarding Mormonism.
• The brief advocates for the application of the "Rogers test," a legal standard designed to protect expressive works from meritless trademark claims by prioritizing First Amendment speech rights.

History of Legal Actions

• EFF has opposed the LDS Church's efforts to control the term "Mormon" for over a decade:
  • 2014: Filed an amicus brief when the church sued the dating service Mormon Match.
  • 2016: Represented the Mormon Mental Health Association after it received threats of legal action.
  • 2025: Assisted Burke Sorenson in resisting pressure to rename his Mormon News Roundup podcast.

Implications for Speech

• Trademark law is intended to help consumers identify product sources, not to provide entities with the power to suppress public discussion or control common terminology.
• EFF asserts that allowing trademark owners to claim ownership of generic terms threatens open debate on religious and cultural topics.
• Adopting the Rogers test would provide a necessary safeguard, allowing courts to dismiss speech-suppressing lawsuits before defendants incur prohibitive litigation costs.