Eller v. Intellectual Reserve

EFF is urging a federal judge to quickly resolve a dispute over the use of the term “Mormon” in an online dating site, arguing that extended litigation based on a frivolous claim could bury a small business in its infancy.  Intellectual Reserve, Inc., which manages intellectual property rights for The Church of Jesus Christ of the Latter-day Saints, has made numerous trademark claims against a website called “Mormon Match,” which offers online dating services for members of the LDS church.  Intellectual Reserve concedes that the term “Mormon” can be used to describe church members generally, but claims that its “family of marks” using “Mormon” (such as “Mormon Tabernacle Choir”) gives it the power to silence any business that dares to use the term in commerce.  In an amicus brief, EFF argued that because “Mormon” is undisputedly a descriptive term, its use in the name of the website is fair and legal.

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