IP Law Daily, TRADEMARK NEWS: NRA sues its own charitable arm for infringing trademarks and illegally diverting charitable funds, (Jan 9, 2026)

By Carolin Dennis, B.Sc., LL.B., LL.M.

The complaint alleges that the Foundation is passing itself off to donors and the public as the NRA or an authorized NRA affiliate and misappropriating the millions of dollars that NRA supporters contributed to fund the NRA’s educational and other charitable activities.

The National Rifle Association of America, Inc. (NRA) has filed a complaint in the U.S. District Court for the District of Columbia against the its own charitable arm, the NRA Foundation, Inc. (Foundation), alleging trademark infringement, unfair competition, and trademark dilution arising from the Foundation’s unlawful free-riding off the NRA’s goodwill through the Foundation’s unauthorized use of the NRA’s trademarks. The NRA seeks preliminary and permanent injunctive relief on its trademark-related claims; declaratory and injunctive relief concerning the permissible use of funds contributed to the Foundation to support NRA Charitable Activities; and declaratory and injunctive relief concerning the validity of the Foundation’s attempted amendments to its governing documents (National Rifle Association of America, Inc. v. NRA Foundation, Inc., No. 1:26-cv-00015-SLS (D.D.C. filed on Jan. 5, 2025)).

NRA is a nonprofit civil rights organization widely recognized as America’s foremost defender of Second Amendment rights. The NRA advocates for U.S. citizens’ firearm rights, including through lobbying and other political activities. In addition to its Second Amendment advocacy, the NRA offers programs and events related to firearm education, training, and safety. The NRA offers firearm training for recreational users through more than 125,000 certified instructors and related courses. The NRA also publishes firearms-related periodicals: the NRA Newsletter, discussing NRA’s advocacy efforts, programs, and events; The American Rifleman, discussing new firearm legislation; and The American Hunter, discussing hunting issues and offering reviews of firearms and ammunition. The NRA offers its programs, events, periodicals, charitable services, merchandise and related goods and services under its NRA trademark and other marks. The NRA has registered many of its marks with the United States Patent and Trademark Office (USPTO). The NRA owns U.S. Trademark Registration No. 1,885,345 (the ’345 Mark); Registration No. 5,538,391 (the ’391 Mark); Registration No. 1,683,307 (the ’307 Mark); Registration No. 4,364 (the ‘231 Mark); Registration No. 4,997,790 (the ’790 Mark); Registration No. 7,080,695 (the ’695 Mark); and Application Serial No. 99/359,339 for THE NRA FOUNDATION (the ’339 Mark) (collectively, the NRA Marks).

The NRA established the Foundation in 1990 to support NRA Charitable Activities. The “NRA Charitable Activities” include: educational services such as courses, classes, workshops, etc. of instruction on firearms and firearms safety; publications that educate the public on firearms and firearm safety and the importance of civil rights under the Second Amendment; research services in the field of firearm development, improvement, and safety; and financial support of mission-aligned local charitable organizations. According to the complaint, from the Foundation’s establishment in 1990 and into 2025, the NRA employed its staff, trademarks, reputation, and other resources to raise funds for the Foundation based on the mutual understanding that the Foundation would, through grants, support the NRA Charitable Activities.

However, the NRA claimed that the Foundation’s leaders attempt to sever its relationship with the NRA and seek to repurpose the NRA-restricted funds to their own ends. Further, the current legal dispute was sparked by the unlawful attempt of the Foundation’s current leaders to undermine the NRA and establish the Foundation as a competitor to the NRA using funds that the NRA raised and donors contributed to support NRA Charitable Activities. The NRA contended that the Foundation’s current leaders, including its chairman and the majority of its trustees, are former members of the NRA Board of Directors who were members of a faction allied with former NRA Executive Vice President and CEO Wayne LaPierre.

The complaint also noted the investigation of and then civil action against the NRA by the New York Attorney General’s office (NYAG Action) in 2018 that revealed misuse of funds and breach of fiduciary duty by certain NRA officers, including LaPierre, and inadequate oversight, including by then-members of the Audit Committee of the NRA’s Board of Directors. The final judgment in the NYAG Action permanently barred certain former members of the NRA Board’s Audit Committee who had served during LaPierre’s tenure from future service on the Audit Committee. The NRA argued that the revelations of the NYAG Action, the NRA’s shielding of LaPierre during the course of that action, and the litigation campaign and excessive legal spending caused a backlash among NRA members and supporters and a drop in NRA members’ financial support of the NRA.

According to the complaint, the Foundation seeks to offer identical and substantially similar programs, events, and services under trademarks identical to those owned by the NRA without the NRA’s authorization. Additionally, the Foundation provides its association, charitable, and related services to the same types of consumers as the NRA, and uses a number of the NRA’s valuable trademarks without permission, including the NRA Marks, in connection with its association and charitable fundraising services, among others.

The NRA claimed that the sudden reduction in funding by the Foundation frustrates the NRA’s ability to plan, manage its finances, and ensure that it is able to operate NRA Charitable Activities at their full and planned capacity. Furthermore, the Foundation’s attempt to position itself as a competitor to the NRA using the NRA’s own trademarks, and the NRA-Restricted Funds disadvantages the NRA in the markets that it serves and violates the NRA’s rights in its trademarks and otherwise.

Claims, remedies sought. The NRA is seeking a jury trial and asserts 11 causes of action: (1) federal trademark infringement, (2) false designation of origin and federal unfair competition, (3) federal trademark dilution, (4) common law trademark infringement and unfair competition, (5) third party beneficiary breach of contract, (6) third party beneficiary and settlor breach of trust, (7) breach of implied contract, (8) promissory estoppel, (9) unjust enrichment, (10) unauthorized diversion of charitable assets, and (11) ultra vires violations of organizing documents.

Among other relief, the NRA asks the district court for preliminary and permanent injunctions enjoining the Foundation and its agents, employees, representatives, successors, and assigns and all other persons, firms, or corporations in active concert or participation with the Foundation from using the NRA Marks or any marks similar thereto in connection with providing, promoting, and/or advertising its association, charitable fundraising, and related services; directly or indirectly engaging in unfair competition with the NRA; and engaging in any conduct that is likely to confuse, mislead, or deceive the NRA’s consumers.

The NRA also asks the district court to grant an order enjoining the Foundation from acting under the unlawful amendments of the Foundation’s articles of incorporation and bylaws, and an order granting equitable restitution, disgorgement of profits, and other appropriate equitable monetary relief against the Foundation such as constructive trust. Additionally, the NRA seeks damages, prejudgment interest, costs, and attorney fees.

The Case is No. 1:26-cv-00015-SLS.

Judge: Sooknanan, S.

Attorneys: Andrew M. Grossman (Baker & Hostetler LLP) for National Rifle Association of America, Inc.

Companies: National Rifle Association of America, Inc.; NRA Foundation, Inc.

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