Jack Nicklaus wins New York lawsuit, can use own name, image and likeness in business
Jason Lusk- Golfer Jack Nicklaus won the legal right to use his name, image and likeness separate from Nicklaus Companies, LLC, a company he founded.
- Nicklaus sold his equity in the company in 2007 and ceased working with it in 2017, but legal battles regarding his ability to work independently continued.
- The legal conflict stems from disagreements with current owner Howard Milstein, who acquired full ownership of Nicklaus Companies.
In a drawn-out legal battle against the company that bears his name, golf legend Jack Nicklaus has secured the right to use his own name, image and likeness. Nicklaus (the man) was involved in a lawsuit brought against him by the company he founded – Nicklaus Companies, LLC – to secure such rights. As first reported by multiple outlets including MSN, New York Civil Division Supreme Court Justice Joel M. Cohen ruled in Nicklaus’ favor last week.
If that all sounds complicated, well, it is. Some background, as previously reported by Golfweek in 2024 after an arbitrator ruled in Nicklaus’ favor:
Nicklaus (the man) sold equity in Nicklaus Companies in 2007 to New York-based banker Howard Milstein, who has since acquired total ownership of the company, including the golf course design business once headed by the Golden Bear.
Nicklaus – who has designed more than 300 courses around the world – and Milstein fell out in recent years, and the winner of 18 professional major championships for the most part ended his participation with the company in 2017. His contract with the company included a five-year non-compete clause, and Nicklaus continued to work on behalf of Nicklaus Design until May of 2022. He was precluded during that period from designing courses on his own outside Nicklaus Companies.
In late 2022 Nicklaus began offering course-design services through his new company 1-JN, which operates through his family instead of Nicklaus Companies. Milstein had sought to prevent Nicklaus from using his own name and likeness as part of that new 1-JN business. The arbitrator ruled that Nicklaus “is now free to engage in the activities” once restricted by the contract’s covenants and to compete against the company that bears his name, activities that include among other things the design of golf courses and the solicitation of the Nicklaus Companies’ customers and employees. ...
Milstein has expanded his reach in golf in recent years and has acquired other golf-related businesses, including Golf Magazine, TrueSpec and a variety of golf equipment and service enterprises.
The media release from the Nicklaus team explains there are still conflicts between Nicklaus and Milstein. Nicklaus Companies have filed a lawsuit against the retired golfer in New York addressing similar issues under other agreements, but the judge in that case has denied the Nicklaus Companies’ request for a preliminary injunction to prevent Nicklaus the man from designing courses in his own name, finding was not enough evidence at that point to prove that Nicklaus Companies would prevail at trial.
In the latest ruling, Justice Cohen ruled that the Milstein-owned Nicklaus Companies still owns the trademarks for the company and can continue to do business, such as selling clothing and equipment with the Nicklaus name and logos, including “Golden Bear.” Nicklaus Companies can also continue to design golf courses under the Nicklaus banner without participation from Jack Nicklaus (the man). But Nicklaus can also design golf courses under his own name and likeness.
The battle isn’t over. Nicklaus has sued Milstein in a defamation case stemming from Milstein’s claims that Nicklaus (the man) had sought a role with LIV Golf several years ago, a claim that Nicklaus (the man) denies. A spokesperson for Milstein also said he plans to appeal Justice Cohen’s ruling in the latest case.
"While we are disappointed the case was dismissed, we are pleased that the Court in this case specifically ruled that Nicklaus Companies LLC is the rightful owner of protected trademarks in the company’s licensing and golf course design businesses around the world – including the Jack Nicklaus™, Nicklaus™, and Golden Bear™ trademarked brands – as well as other intellectual property that it purchased from Jack Nicklaus’s holding company, GBI Investors Inc., for $145 million in 2007," a statement from the company read. "The Judge agreed there is no dispute that these intellectual property assets were transferred to Nicklaus Companies to further its business of 'designing golf courses, licensing trademarks, and manufacturing and distributing golf equipment.' In an earlier Florida decision, the Nicklaus Companies was also awarded the exclusive rights to the @jacknicklaus social media platforms.
"Beyond this, we respectfully but deeply disagree with other aspects of the Judge’s decision. We are reviewing the decision now and believe there are several grounds for appeal."
The law firm representing Jack Nicklaus – Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. – also release a statement on the ruling.
“Jack Nicklaus did not bring the lawsuit in NY," the statement reads. "Howard Milstein caused the Nicklaus Companies to bring the lawsuit and lost on every single claim. Justice Cohen is a respected jurist who considered a very large record and reached a conclusion that is clear, unequivocal and correct. It is unfortunate that Mr. Milstein brought the case in the first place but Mr. Nicklaus is very pleased with the outcome. Jack Nicklaus, his children and their children own a name made famous by the good works of Jack and Barbara. It is theirs.”
Editor's note: This story was updated to include comments from Nicklaus Companies and the law firm representing Jack Nicklaus.