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Macy’s appeals ruling that J.C. Penney can sell unbranded Martha Stewart products

Macy’s says judge “erred in several significant respects”

It’s the case that will never end. The latest in the fight between Macy’s Inc., J.C. Penney Co. Inc. and Martha Stewart Living Omnimedia (MSLO) is brought to you by Justice Jeffrey Oing. Or, more accurately, Macy’s appeal of Oing’s Friday ruling, which would allow J.C. Penney to sell unbranded Martha Stewart products in its stores.

Oing’s decision last week allows J.C. Penney to sell Martha Stewart merchandise as long as it doesn’t include her name. But yesterday, Macy’s shot back with an appeal, claiming the Oing “erred in several significant respects.”

The drama in a nutshell: The battle began back in 2011 when J.C. Penney announced it purchased 17 percent of MSLO and planned to open Martha Stewart Living shops within its stores. In early 2012, Macy’s sought preliminary injunction against MSLO to block the deal. Macy’s claimed MSLO breached its contract with Macy’s when it entered into the agreement because Macy’s had an exclusive right with MSLO to sell Martha Stewart Living products. MSLO and J.C. Penney argued that the deal didn’t breach MSLO’s contract with Macy’s because they say that contract allows MSLO to sell Martha Stewart Living products in stand-alone stores—and they say the shops within J.C. Penney fall into that category. Macy’s didn’t buy it, and filed suit against J.C. Penney in August.

Representatives of MSLO and J.C. Penney didn’t respond to Thomson Reuters requests for comment.

Read all about this case on InsideCounsel:

Disclosing contract didn’t violate licensing agreement

J.C. Penney won’t sell Martha Stewart stuff … for now

Martha Stewart takes the stand in Macy’s-J.C. Penney trial saga

Macy’s CEO: “sick to my stomach” over J.C. Penney deal

Macy’s claims J.C. Penney and Martha Stewart teamed up to steal customers

Macy’s sues J.C. Penney over Martha Stewart Living contract

Judge temporarily blocks Martha Stewart Living from selling at J.C. Penney

Martha Stewart Living brings Macy’s battle to a boil

Macy’s seeks injunction in spat with Martha Stewart

Macy’s sues Martha Stewart Living


Cathleen Flahardy

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