Jack Nicklaus’s attorney has accused the Golden Bear’s former business partner of attempting to “destroy his reputation” out of embarrassment over his decision to leave the company he founded.
Nicklaus sued Howard Milstein and the Nicklaus Companies in 2022, claiming that his name, image and likeness were being exploited.
The 18-time major champion also alleged that business opportunities he wanted to pursue were being blocked.
For his part, Milstein denied this was the case and launched a counter-claim, arguing the former golfer was in breach of contract.
In April, the drawn-out legal process appeared to reach a conclusion when a trial judge in Manhattan ruled Nicklaus was free to continue using his own name, image and likeness (NIL).
Article continues below ADVERTISEMENT
Judge Joel Cohen also confirmed that Nicklaus Companies, chaired by Milstein, retains the trademark and may continue conducting business, including selling clothing and equipment under the Nicklaus name and logos
Cohen’s 35-page ruling also stated that Milstein’s company can continue to design golf courses under the Nicklaus umbrella without the participation of the golfer.
But Nicklaus can also continue design golf courses under his own NIL, Cohen wrote.
Nicklaus was not content to end the matter there and launched a defamation case stemming from the original claims.
Chief of which was that Nicklaus sought a role with LIV Golf but had to be “saved from himself”.
Article continues below ADVERTISEMENT
Court docs state:
“Nicklaus alleged that in 2021, a Company officer asked him to meet with representatives of Golf Saudi for the design of a Jack Nicklaus Signature golf course in Saudi Arabia. Golf Saudi was also developing a new golf league at the time, now known as LIV Golf. Nicklaus learned during the meeting that Golf Saudi wanted him to accept a leadership role with the new league. According to Nicklaus, he had no interest in the offer and declined because he felt the PGA Tour was an important part of his legacy, and if the PGA was not in favor of a new league, he did not want to be involved. He stated that the Company had no part in his decision to reject the offer and that the Company in fact commended him for rejecting this offer.”
Nicklaus’s attorney, Eugene Stearns, told Golfweek: “What Howard Milstein did, and what the company did, was take one of the most revered iconic figures in this world and try to destroy his reputation.
“Because Howard Milstein was embarrassed that he quit, didn’t want him as a competitor and decided to basically slander him on the way out the door.”
Stearns also told the publication that Milstein and his business partners planted false stories about his health, including the claim that Nicklaus has dementia.
Article continues below ADVERTISEMENT
Attorneys for Milstein refute this claim.
The defamation trial started on 29 September and is expected to last three weeks.
The legal battle, explained
Jack Nicklaus sold a significant portion of his business interests to Howard Milstein in 2007 for $145m.
The transaction involved Milstein’s New York Private Bank & Trust acquiring a 49% stake in Nicklaus Companies LLC.
When Nickaus left the company in 2022, disputes arose over who had the rights to his NIL.
Article continues below ADVERTISEMENT
It led to Nicklaus filing a lawsuit against Milstein and a subsequent counterclaim.
The significance of the trial highlighted the complexities of NIL for retired athletes.
Nicklaus is also suing Milstein and his business partners for defamation.
Subscribe to our Newsletter