Judge denies injunction against Jack Nicklaus in advance of 2023 trial

In an interesting turn of events earlier this year, Jack Nicklaus was sued by Nicklaus Companies.

Originally reported by Sports Illustrated, the complaint alleged tortious interference, breach of contract and breach of fiduciary duty while claiming Nicklaus was paid $145 million in 2007 to provide exclusive services and property to the Nicklaus Companies.

The suit accused the 18-time major champion of working directly against the company and said Nicklaus had failed to deliver on the terms of the deal struck 15 years ago.

One breach of contract mentioned in the suit was Nicklaus’ negotiations with the Saudi Arabia Public Investment Fund and the $100 million offer from LIV Golf to be its CEO.

An offer Nicklaus declined.

However, a New York Supreme Court judge, Justice Joel M. Cohen, weighed in this week with the following ruling until these matters are resolved at a full trial, possibly in 2023 (the calendar hasn’t been set yet):

… it is ORDERED that Plaintiff Nicklaus Companies, LLC’s (“Company”) motion for a preliminary injunction is GRANTED solely to the extent that during the pendency of this action, and subject to further order of the Court, Defendants GBI Investors, Inc. (“GBI”) and Jack W. Nicklaus (“Mr. Nicklaus”) along with their officers, directors, agents, shareholders, successors, employees, representatives, heirs, attorneys, and all other persons who are in active concert or participation with any of them, are enjoined from: (i) using or authorizing the use of Transferred Intellectual Property as defined in Section 4.10(a) of the Purchase and Sale Agreement (“PSA” [NSYCEF 113]), including Schedule 4.10(a) thereto, without the Company’s prior written
consent; and (ii) licensing Mr. Nicklaus’s name, image, and likeness for commercial endorsements without the Company’s prior written consent; provided, however, that nothing in this paragraph shall restrain Defendants from using or authorizing the use of Mr. Nicklaus’s name, image, and likeness to identify Mr. Nicklaus as a professional golfer, or for other personal, investment, and charitable purposes;

it is further ORDERED that Plaintiff’s motion for a preliminary injunction is otherwise DENIED, including but not limited to the extent that it sought to enforce against Defendants any noncompete and non-solicitation provisions contained in the PSA, the Amended and Restated Limited Liability Company Agreement (NYSCEF 114) and Non-Competition Agreement (NYSCEF…