Legendary Golfer Loses Court Battle Over Name and Likeness

Retired professional golfer Jack Nicklaus has suffered another setback in a drawn-out court battle to regain control of his name and likeness. 

The 83-year-old sold the rights to his former partner Howard Milstein in 1994 for $145 million. Nicklaus claims he granted Milstein non-exclusive rights, whereas Milstein says the right were exclusive. The debate is the the crux of the argument.

Judge Robin Rosenberg of the U.S. District Court of the Southern District of Florida found in favor of Milstein on August 1, citing a previous ruling by the New York County Supreme Court. In that prior decision, the New York court had already issued a preliminary injunction barring Nicklaus from regaining use of his name and likeness.

As such, under the so-called “Princess Lida doctrine, which states that it's inappropriate for a federal court to exercise jurisdiction where there are two suits," Judge Rosenberg agreed with Milstein that the New York Court maintained exclusive jurisdiction.

The case, Nicklaus v. Milstein, was initially brought before the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County back on April 21, but was bumped to the federal court per Milstein's request. Judge Rosenberg dismissed two federal claims made by Nicklaus in his decision, and deferred the remaining claims to the state court in Palm Beach County.

"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."

Despite the setback, Nicklaus's legal team isn't giving up. "It doesn't change anything," his lead attorney Eugene E. Stearns wrote in a text to Sports Illustrated. "We will just be back in Florida State court where it started."

Nicklaus is considered to be among the greatest golfers of all time, with 73 PGA Tours and 117 total tournament wins under his belt, winning every major tournament at least three times.