“Trademark is supposed to be about helping consumers identify the sources of the products they buy, not controlling criticism.”
The LDS Church claims the word Mormon and is using that claim against a podcast whose subject is the LDS Church. Nobody listening to Mormon Stories thinks the church produces it. The suit is not about confusion, it is about what defending one costs. EFF wants the Rogers test applied so weak claims die early, because otherwise the legal bill does the censoring and no judge ever has to rule.