The NIL Edge – October 31st, 2025
Even Legends Can Lose Control of Their Name, Image & Likeness: A Cautionary NIL Tale for Athletes
When you sign NIL-style deals, assume a courtroom may be closer than you think.
When one of the greatest names in sports history finds himself in a legal battle over his own name, image and likeness (NIL), the message is simple: fame and fortune don’t exempt you from risk. They amplify it.
The Nicklaus Story
Jack Nicklaus sold his business interest in what became Nicklaus Companies LLC in 2007 (around $145 million) and licensed vast rights associated with his name, likeness and brand to the company.
Years later, he found himself locked in a battle with his former company over who really controls his name, image and likeness rights, and whether he could use them for his own business ventures.
In April 2025 a New York court ruled in his favor: Jack Nicklaus retains the right to use his name, image and likeness, even though trademarks and other rights remain with Nicklaus Companies.
The Lesson for You
Whether you’re an athlete signing an endorsement, a creator entering a brand deal, or a rising star negotiating your first NIL agreement, these are your takeaways:
Your NIL is personal. Just because a company purchases a trademark or “brand” around your name doesn’t mean you automatically lose the right to your own likeness. In the Nicklaus case the court emphasized that owning a trademark doesn’t equal owning the NIL rights.
Contracts matter, and details matter more. When agreements don’t clearly spell out who owns what rights for how long and in what context, you’re opening the door for future disputes. Ambiguous language can lead to litigation.
Major wealth doesn’t prevent deal disputes. Even a legend can find himself fighting for control of his own name. That means your deals, even if they look small now, could have large legal consequences later.
Stay in control of your future use. Before you sign away your NIL rights, especially on a long-term basis, make sure you retain key rights or set clear boundaries. Ask: Can I still use my own name? Can I do other deals or form other businesses? When does the deal expire?
Know that legacy deals may not cover new formats. Many older contracts didn’t consider social media, metaverse avatars, artificial intelligence-generated content. If a contract gives someone “rights to my likeness” in 1990s style but doesn’t mention these new forms, you may lose future value.
Your Playbook Move
If you’re about to sign an NIL or brand deal:
Ask for a written schedule of exactly what rights are being granted (name, image, likeness, voice, avatar, digital rights).
Clarify duration, territory, exclusivity, and whether you retain other opportunities.
Make sure the contract says what happens after the deal ends. Do rights revert? Are there residual uses?
If you already have legacy deals or signed early, schedule a review of your rights and whether you need to renegotiate or re-claim certain uses.
Retain trusted legal counsel who understands NIL, intellectual property law, and the kinds of deals that scale—because when your brand grows, your risk grows too.
Final Thought
Your name, image and likeness are among your most valuable assets. Treat them like elite equipment. Maintain, protect and deploy them with purpose. Because even the greatest legends aren’t immune to losing control of their brand.
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