The **EFF** has a long-standing history of opposing the **LDS Church**'s interpretation of trademark law, which it believes extends far beyond its intended purpose of consumer protection. ### A Decade of Disputes For over a decade, the **LDS Church** has leveraged trademark law to pressure individuals and organizations using the term 'Mormon'. This includes past actions against an online dating service named **Mormon Match** in 2014, the **Mormon Mental Health Association** in 2016, and the 'Mormon News Roundup' podcast in 2025. The latest target is the 'Mormon Stories' podcast, which explores Mormonism and Mormon culture. With the support of attorneys from **Ballard Spahr**, the **EFF** has filed an amicus brief in the ongoing lawsuit. ### The Importance of the Rogers Test The **EFF**'s brief urges the district court to dismiss the case, emphasizing that trademark law is designed to help consumers identify product sources, not to control criticism or commentary. The brief advocates for the application of the **Rogers test**, a legal standard that offers greater protection for speech. This test, adopted by many courts for cases where a trademark is used in an expressive work rather than solely as a brand name, is crucial for safeguarding First Amendment rights. The **EFF** highlights that the **Rogers test** allows for the early dismissal of meritless trademark claims, thereby reducing the financial burden of litigation and empowering more speakers to defend their rights. ### Protecting Common Terms and Free Debate Furthermore, the **EFF**'s brief explains that First Amendment safeguards are particularly vital when a plaintiff seeks to control the use of a common term for its common meaning. Trademark law is not intended to cover generic terms, as this would grant trademark owners undue power to restrict discussion and debate on entire topics. The **EFF** hopes that the court will not only reject the **LDS Church**'s trademark claims but also endorse the **Rogers test**, setting a precedent that prioritizes free speech over overreaching trademark assertions.