Exploring the church's case against John Dehlin's "Mormon Stories" | Episode 452
Summary
The Church of Jesus Christ of Latter-day Saints sued the podcast Mormon Stories for trademark infringement, claiming its use of "Mormon" causes consumer confusion. EFF attorney Cara Gagliano argues the term is generic and protected speech, while historian Christine Hagelin discusses the church’s inconsistent branding history. The episode explores whether the lawsuit aims to silence critics and the potential legal and cultural consequences of such intellectual property enforcement.
Topics discussed
Intro: LDS Church sues Mormon Stories podcast for trademark infringement
Legal basics: Trademark law, consumer protection, and likelihood of confusion
EFF's amicus brief: Applying the Rogers test for expressive works
Past cases: Mormon Match, Mental Health Assoc, and self-censorship
Historical context: The evolving use and perception of the term 'Mormon'
Legal argument: Church's alleged abandonment of the Mormon trademark
History of the name: From Joseph Smith to the 1990 Hinckley-Nelson debate
Implications: What is lost or gained if the church prevails legally?
Cultural impact: PR risks, silencing critics, and the 'David vs Goliath' narrative
Media relations: The church's anxiety over public image and 'lawyerification'
Next steps: Potential dismissal under the Rogers test vs. costly discovery
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