NRA v. Ackerman, Texas

NRA’s Opposition to Ackerman’s Motion to Dismiss

December 23, 2019

Filing Summary

The motion presents the NRA’s legal arguments for why their complaint states causes of action for False Association under the Latham Act, in addition to Copyright and Trademark Infringement claims relating to Ackerman’s alleged misuse of NRA materials.  The pleading does not contain much discussion of facts or present new factual developments. 

Key Points

  • Of potential interest, at page 15-16, the NRA advances the argument that the individual defendants (Ackerman executives) owed a fiduciary duty to the NRA.  In doing so, the NRA enumerates some of the responsibilities these individuals held, according to the NRA.
  • Henry Martin “served a Chief Creative Officer” for the NRA account and was involved with the NRATV website and participated in several meetings with the NRA about the viewership and valuation of NRATV.
  • William Winkler was Ackerman’s “Chief Financial Officer” who was “part of a small team of [Ackerman] senior executives that negotiated directly with the NRA”, and had responsibility over NRA-Ackerman budgets.
  • Melanie Montgomery was Ackerman’s “point person with the NRA with respect to NRATV”, in addition to having responsibility over certain budgetary compliance issues.
  • Jesse Greenberg was Ackerman’s “Chief Strategy Officer”, which allegedly included participation in NRATV website and digital projects.  The pleading specifically says Greenberg participated in “misleading presentations touting the success of NRATV.”