News & Tours
Jack Nicklaus wins arbitration case over company that bears his name
Tracy Wilcox
Jack Nicklaus will be able to design golf courses again after winning an arbitration case against the company that bears his name.
A Florida arbitrator resolved a dispute between Jack W. Nicklaus and Nicklaus Companies LLC by ruling that Nicklaus no longer is restricted by an employment agreement with the company that included a non-compete clause that expired on June 1, 2022. The ruling means the Golden Bear, 84, is now free to design golf courses and solicit the companies’ customers and employees. The case had been ongoing for six months.
“The arbitration process was an arduous learning experience, but I am thankful for how it ended,” Nicklaus said in a statement.
In late 2022, Nicklaus began offering golf course design services through a new business entity, 1-JN. The Nicklaus Companies had sought to extend the non-compete terms.
“I get to keep doing one of the things that makes me happy bringing new golf courses to life and making old ones new again,” he said. “... I am involved in some great projects at the moment and look forward to a lot more of the same now that the effort to keep me on the sidelines has failed.”
Winner of 18 professional major titles and host of the Memorial Tournament, a PGA Tour event in his hometown of Columbus, Ohio, Nicklaus has more than 300 course design credits to his name. He became embroiled in a legal battle with New York businessman Howard Milstein several years after he sold a minority interest in Nicklaus Companies in 2007. Milstein eventually gained control and ownership of the Nicklaus Companies and expanded it to include other golf-related businesses.
Nicklaus severed his employment with the companies in June 2017 but was subject to a five-year non-compete provision that ended in 2022. During that five-year period, he continued to perform design services for Nicklaus Companies until ending his professional relationship with the entity in May 2022.
In a statement on Wednesday, the Nicklaus Companies LLC noted that the arbitrator’s ruling applied solely to the employment agreement and that the arbitrator denied Jack Nicklaus’ request for the rights to @JackNicklaus social media accounts, created by the Nicklaus Companies after Jack sold his interest.
“The Nicklaus intellectual property—including the commercial rights to Jack’s name, image and likeness—remain the property of Nicklaus Companies LLC,” the companies said in a statement, referring to a preliminary injunction issued by the New York State Supreme Court in separate legal action.
Indeed, while the arbitration case in Florida has been resolved, a lawsuit filed in New York by Nicklaus Companies against Jack Nicklaus is pending and makes similar challenges to Nicklaus’ ability to work independently and use his name and likeness in his endeavors. A trial date for that case has not yet been set.
“We look forward to resolving these matters definitively at the trial of the New York Supreme Court case,” the Nicklaus Companies statement noted.
The Nicklaus Companies also stated that it has continued “to bring Jack golf course and marketing opportuntieis for consideration. We respect that it is entirely up to Jack if he would like to work on any project. We are currently working together with Jack on design projects and look forward to bringing him more golf course opportunities in the future.”
