Judge Rules Jack Nicklaus Can’t Reclaim Name, Likeness

A federal judge recently ruled that golf legend Jack Nicklaus cannot regain his rights to his name and likeness as intellectual property he previously sold to former partner Howard Milstein in December 1994 for $145 million.

U.S. District Court Judge Robin Rosenberg in the Southern District of Florida ruled Aug. 1 that a previous New York County Supreme Court decision granting exclusive rights to Milstein on the property will stand.

Rosenberg sided with Milstein’s argument under the “Princess Lida doctrine” that a federal court has no jurisdiction on Nicklaus’ intellectual property because the New York court issued an injunction against Nicklaus from using his name and likeness while adjudication was ongoing in New York.

“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.

Nicklaus Companies spokesman praised the federal court motion to dismiss Nicklaus’ lawsuit.

“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 spokesman said in a statement, according to Sports Illustrated. “Nicklaus Companies will be seeking similar relief from the state court in Florida.”

Nicklaus, 83, vowed to continue the legal battle in Florida after Milstein got a motion granted to move the case to federal court from Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida.

“It doesn’t change anything,” Nicklaus’ attorney Eugene E. Stearns texted to Sports Illustrated in a statement. “We will just be back in Florida state court where it started.”

Nicklaus’ original 64-page complaint made five claims, including two federal claims of “false endorsement and false statements intended to impair competition.”

Rosenberg’s ruling dismisses those claims, and the three remaining Florida claims were remanded back to the Florida state court in Palm Beach County.