10th Circuit Rejects Trademark Claims By Group Formed To Critique LDS Church

In Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research, (10th Cir., May 29, 2008), the U.S. 10th Circuit Court of Appeals rejected trademark infringement, unfair competition and cybersquatting claims brought by a group founded to critique the Church of Jesus Christ of Latter Day Saints. The group, UTLM, sued FAIR, a volunteer organization whose website was created to respond to criticism of the LDS Church by UTLM. The court held that despite similarities in the two groups' websites, UTLM failed to show "that UTAH LIGHTHOUSE is protectable, that Defendants' use was in connection with any goods or services, and that Defendants' use was likely to cause confusion among consumers as to the source of the goods sold on the FAIR online bookstore." The court also rejected UTLM's claim that FAIR had violated the Anti-Cybersquatting Protection Act.