Amicus Brief in INTELLECTUAL RESERVE, INC. et al., v. OPEN STORIES FOUNDATION, et al.

The ACLU of Utah filed an amicus brief—also known as a friend-of-the-court brief—defending Utahns’ First Amendment right to mention, criticize, and discuss, even when the topic is a powerful institution. In this case, the Church of Jesus Christ of Latter-day Saints (“the LDS Church”) is suing the podcast “Mormon Stories” for trademark and copyright infringement. The Church alleges that the public associates the term “Mormon” with its institution, and that using the term in the podcast title will confuse the public, causing people to mistakenly believe that the Church endorses or is involved in the podcast.
In our brief, we argue that trademark law cannot be weaponized to monopolize ordinary language or shield an organization from criticism. Our brief explains that “Mormon” is commonly understood to encompass a diverse range of religious communities, people, and cultural traditions—not just the Church. Limiting the podcast’s use of the term would violate fair use principles and the First Amendment.