Adoption of FLDS name is akin to identity theft

In the days following the raid on the Texas polygamous compound, I took a call from a St. Louis radio host requesting one of our reporters to come on his show to "talk about the situation in Utah." Early in this cordial conversation, I informed him that this newspaper is owned by The Church of Jesus Christ of Latter-day Saints and that I am a member of this church.

After a few minutes, it became clear that he thought I was somehow affiliated with the FLDS group. I felt like an anthropology specimen. The questions were friendly and good natured, but imbedded in them was the notion that there was really no difference between the LDS Church and the FLDS group, they were simply all Mormons to him.

Given the enormous national and international attention focused on the Texas raid, it has been abundantly clear that while many people understand the difference between the LDS Church and this polygamous group, unfortunately there is still substantial confusion between the two.

Much of this confusion comes from misapplying the name Mormon, as in "fundamentalist Mormon" or "Mormon polygamist." The LDS Church has gone to great lengths to protect the name Mormon (note video of Elder Quentin L. Cook on YouTube, www.youtube.com/watch?v=uUtjsdtDOkQ). However, much misidentification simply results from the confusion between the terms LDS and FLDS.

Not only are many of the FLDS teachings in conflict with, and repugnant to, the teachings of The Church of Jesus Christ of Latter-day Saints, but, in fact, a person who believes in or practices the teachings of the fundamentalists would be excommunicated from the LDS Church.

While not strictly speaking identity theft, the adoption of FLDS by this group at best is confusing and at worst undermines the credibility of the Latter-day Saints and tarnishes the LDS "brand." Sometimes damage to a brand or a trademark has been called attempted identity theft at the corporate level.

I am not making a narrow legal argument about trademark law issues here. Rather, my discussion is more broadly about brand identification and injury to a brand name.

While the terms LDS and Mormon are not brands in the commercial sense, these terms reflect the identity, reputation and teachings of The Church of Jesus Christ of Latter-day Saints. The LDS Church has the right and expectation that the use of these terms will convey certain impressions to those who become aware of them. This is known in the business world as brand equity and in the words of NetMBA.com it "is an intangible asset that depends on associations made by the consumer."