Jack Nicklaus gets to be Jack Nicklaus again. Good. An identity should never be held hostage, even when done legally, which is to say the law is not always right.
Background: Nicklaus and his former business associate and friend Howard Milstein have been at each other’s throats since 2022, when the Golden Bear quit his own company so he could do business, primarily golf course design, under his own brand.
The issue was that Jack no longer owned his brand identity, according to Milstein, who controlled the Nicklaus Companies. The Bear disagreed, which is when lawyers from both sides put on the gloves.
Long story short: Jack won. Kind of. According to multiple media reports, last week a New York City trial judge dismissed the case brought by Milstein’s group, which is fighting Nicklaus’ attempts to use his own name to promote his businesses. But strings are attached.
The judge ruled the Nicklaus Companies LLC – which is not owned by Nicklaus; yes, it’s confusing – still owns the trademarks it purchased, meaning Milstein and Co. can continue to sell clothing and golf equipment with the Jack Nicklaus, Nicklaus and Golden Bear logos. Adding to the naming rights confusion, the Nicklaus Companies can continue to design golf courses under the Nicklaus brand, which is to say not all “Nicklaus” courses are designed by the Upper Arlington native.
The “real” Nicklaus still comes out ahead in the ruling, because he gets to pursue his version of name, image and likeness by continuing to advertise and sell his design services and promote golf courses, which is where the big money is, under his own name.
As it should be. Some things, like a person’s NIL, should be above the law. Did Nicklaus, 85, make errors in judgment along the way? Yes. This whole mess began in 2007 when Jack accepted a $145 million investment in his company – when it still was his company, from Milstein. Eventually, the Nicklaus Companies sued Nicklaus, alleging he failed to deliver on terms of the investment deal.
But all along the Golden Bear mostly just wanted to regain his identity. Milstein refused, a compromise could not be reached and lawyers began lining their pockets.
Last week’s verdict frees Nicklaus to be “himself” again.
“Barbara and I have tried our best to ensure that the Nicklaus name is worthy of respect,” Nicklaus told Golf Digest. “And we are extremely pleased that Howard’s challenges to the family’s ownership are put to rest.”
Put to rest, but maybe not yet put to bed. Golfweek reports that a spokesperson for Milstein plans to ...
