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.”


Cathleen Flahardy

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