EFF Fights LDS Church Trademark Bullying Over the Word Mormon

The Electronic Frontier Foundation has urged a district court to dismiss a trademark lawsuit brought by the Church of Jesus Christ of Latter-day Saints against the “Mormon Stories” podcast, according to an amicus brief filed with the help of attorneys at Ballard Spahr. The legal filing marks the latest intervention by the digital rights organization against what it characterizes as the church’s decade-long pattern of using trademark threats to suppress commentary and criticism regarding Mormonism and Mormon culture.

Trademark Protection Versus Free Expression

According to the Electronic Frontier Foundation, trademark law exists to help consumers identify the commercial sources of products they purchase, rather than to grant institutions control over public discourse. The organization argues that the Church of Jesus Christ of Latter-day Saints improperly leverages the threat of expensive litigation to pressure speakers and critics into compliance when they use the common term “Mormon.” The brief emphasizes that trademark protections were never intended to extend to generic terms, which would otherwise allow trademark owners to control debates and discussions over entire topics.

In the legal filing, the Electronic Frontier Foundation asks the court to adopt the Rogers test, a legal framework used by many courts for cases involving expressive works rather than standard brand names. The organization explains that applying this test provides an essential First Amendment safeguard by allowing courts to dismiss meritless trademark claims early in the litigation process, thereby reducing costs and protecting speakers who stand up for their rights.

A History of Legal Interventions

The latest amicus brief builds on more than ten years of opposition by the Electronic Frontier Foundation to the church’s enforcement of its trademarks. According to the organization’s records, past legal disputes and threats include:

• In 2014, the organization filed an amicus brief when the church sued an online dating service named Mormon Match.
• In 2016, the church threatened legal action against the Mormon Mental Health Association, a nonprofit association for mental health professionals who work with members of Mormon faiths.
• In 2025, the church pressured Burke Sorenson, a client of the organization, to alter the name of his Mormon News Roundup podcast.

The ongoing dispute over the “Mormon Stories” podcast, which examines Mormonism and Mormon culture, brings these longstanding trademark conflicts into a federal district court as attorneys press for a swift dismissal under heightened First Amendment scrutiny.