Church symbol trademarks

I read an interesting article today regarding a trademark dispute brewing (sorry for the pun) in Utah involving coffee, clothing, the angel Moroni, and the Church of Jesus Christ of Latter Day Saints (aka the Mormons). The article is entitled Church Trademark Used to Sell Coffee Shop T-shirts.

The dispute involves a coffee shop in Taylosville, Utah called Just Add Coffee. The individuals decided to sell a t-shirt and greeting cards that utilize images of an angel. They drew unwanted attention by using a specific angel- namely the angel Moroni. For those of you not familiar with the Mormon faith, Moroni was the angel who told Joseph Smith (the founder of Mormonism) the material that would become the Book of Mormon. Moroni had some golden plates upon which were inscribed these words of god. A picture of Moroni is to the right, and it is Moroni from which the term "Mormon" is derived. Moroni is thus one of the fundamental pillars of the Mormon faith. Each Mormon temple that is constructed has a gilded statute of Moroni, facing Salt Lake City, Utah, and blowing a trumpet. I am not an expert in Mormons, but I imagine that each statute of Moroni looks different-- and an example is provided to the left.

The Mormons have decided to take issue to the use of the angel Moroni in conjunction with apparel and stationary relating to coffee. They claim trademark rights to the image of Moroni, and have requested that Just Add Coffee cease all use of the angel image (to which Just Add Coffee has stopped using the image).

I think the Mormons have a very weak case, and that Just Add Coffee should continue using their design. Can one have a trademark in a symbol that represents a religion? Where does this end- will the Mormons police all use of the name? Will they stop all use of the beehive (another symbol associated with Utah and Mormons) image? This is the same as the Pope asking people to stop using images of the cross or Christ in their names or logos. Similar arguments can be made for the Star of David or the Crescent Moon. Furthermore, there does not appear to be one image of Moroni that is always used, thus it appears they're claiming rights to any guy blowing into a long horn. I've seen similar representations in artwork, architecture, and products elsewhere- so the Mormons have perhaps not been diligent in enforcing their alleged trademark. This enforcement of trademark rights can also extend to all individuals that use images of the Moroni statutes, which I suspect includes a significant number of tourist related information (guides, postcards, books, movies, etc) and other "unauthorized" uses of the angel Moroni.

I suspect one main issue the Mormons had was the use in conjunction with coffee, which the Mormons forbid. Additionally, this is a store located in Utah, where individuals are more likely to be familiar with the representation of the angel Moroni. The Mormon church may not want individuals assuming that Just Add Coffee is associated with, or approved by, the Mormons. While certainly valid reasons, I do not believe that Just Add Coffee should stop their use.