Jack Nicklaus Loses Attempt to Regain Control of His Name and Likeness

In a recent federal court decision, Jack Nicklaus suffered a setback in his attempt to regain control of his name and likeness owned by former partner Howard Milstein.

On Aug. 1, Judge Robin Rosenberg of the U.S. District Court of the Southern District of Florida ruled that due to a prior decision against Nicklaus by the New York County Supreme Court on the exact same property in question in Nicklaus Companies, LLC v. GBI Investors Inc., he lacked the ability to grant Nicklaus any control of the property in question.

The federal court in Florida stated in its decision that the central issue over the property in question—Nicklaus’s name and likeness—was a question of exclusivity vs. non-exclusivity, with Nicklaus claiming he sold a non-exclusive right to use the property and that the defendant claimed the rights sold to him in December 1994 for $145 million, were exclusive.

In a short six-page order, Judge Rosenberg agreed with Milstein’s argument that, under the so-called “Princess Lida doctrine,” the federal court in Florida had no jurisdiction over Nicklaus’s intellectual property because the New York court had already issued a preliminary injunction barring Nicklaus from using his name and likeness while it adjudicated the dispute.

Under the Princess Lida doctrine, a court ruling on the right to use a particular piece of property (including intellectual property) assumes exclusive jurisdiction over that property, which other courts cannot disturb.

“The Court grants the Defendants’ Motion because the Court can see no reason why the doctrine does not apply: the Property in this case and the New York case is the same, the ownership of the Property forms the core of and is intertwined with all of the Plaintiffs’ federal claims (Count IV and Count V), the Plaintiffs’ federal claims necessarily would seek adjudication on the rightful ownership and/or the exclusive right to use the Property, and the New York court previously has exercised its jurisdiction by restricting the Plaintiff’s use of the Property,” Rosenberg wrote.

"We are pleased the court ruled in favor of Nicklaus Companies and dismissed the elements of the case that arise under Federal law, noting that the New York court has already taken jurisdiction over the factual claims in this dispute," a Nicklaus Companies spokesman said in a statement. "Nicklaus Companies will be seeking similar relief from the state court in Florida."

"It doesn't change anything," said Eugene E. Stearns, Jack Nicklaus's lead attorney, in a text to Sports Illustrated. "We will just be back in Florida State court where it started."

Nicklaus v. Milstein was originally brought in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, on April 21, but moved to federal court per request by Milstein on May 11.

The 64-page complaint filed by Nicklaus in Florida state court asserted five claims, including federal claims for false endorsement and false statements intended to impair competition.

In his decision, Judge Rosenberg dismissed Nicklaus’ two federal claims and remanded the remaining claims to the state court in Palm Beach County.