The LDS Church Opposes ‘Bad Mormon’ Trademark Application Over ‘Tarnishment’ Concerns

The Church of Latter Day Saints has made it onto our pages before for trying to abuse intellectual property laws, typically to keep content out of the public eye that it finds undesirable. I do like to note in posts like this that the LDS Church has also occasionally been quite lenient when it comes to responding to critiques or commentary as well. You may have heard of a wildly popular Broadway musical, for instance.

But it appears that the Church is back to its overly aggressive IP ways. Heather Gay appeared on The Real Housewives of Salt Lake City. Since being on the show, she has written a book and titled it Bad Mormon." She also applied for a trademark on the term to cover merchandise and other goods, which has resulted in the LDS Church opposing her application, claiming it will tarnish the church's good name.

Her application with the U.S. Patent and Trademark Office is opposed by The Church of Jesus Christ of Latter-day Saints, which holds trademarks with the office for the terms Mormon, Book of Mormon, Mormon Channel, Mormon Messages, Mormon.org and the Mormon Tabernacle Choir.

Because of the deceptive nature of the mark sought to be registered by (Gay), (the church) and the goodwill symbolized by its Mormon marks will be damaged in a cognizable way and registration of applicant's alleged mark should be denied," wrote the church's attorney, Michael A. Grow, who specializes in intellectual property law at the Washington, D.C., law firm ArentFox Schiff.

I'll note that the Church is not attempting to prevent Gay from using the term as the title of her book. It is, however, trying to block its use on any of the other merch goods that Gay applied for.

Now, it is doing all of this by wielding its trademark on the term Mormon" and claiming that Gay's trademark, were it to be approved, would denigrate and tarnish the Church's mark. That is simply absurd. There is nothing about Gay's term that causes anyone to think the LDS Church is bad." In fact, the term literally does the opposite: it denotes that Gay is bad at being a Mormon.

The church filing said that because Bad Mormon" is virtually identical to the church's Mormon marks, it would dilute their distinctive quality, deprive the church of the ability to protect its reputation, persona and goodwill and make it more difficult to distinguish the church's marks, goods and services.

Applicant's mark was adopted with an intent to cause confusion, tarnishment and dilution and to falsely suggest a connection or affiliation with or approval or endorsement by opposer or the church," the filing stated.

Virtually none of that is true, though it's worth noting that the LDS Church has managed to successfully oppose similar marks in the past. Here's hoping the Trademark Office sees past the nonsense this time.