NEW YORK-Macy’s lawsuit against Martha Stewart Living Omnimedia over the latter’s agreement with J.C. Penney for Martha Stewart home shops is scheduled to go to trial this morning.
It will be a nonjury trial before Jeffrey K. Oing, New York State Supreme Court Justice, in Manhattan. Macy’s sued MSLO in January of last year, one month after MSLO and J.C. Penney announced their agreement calling for shops and a dedicated website offering Martha Stewart home and lifestyle products. Macy’s has held the rights to Martha Stewart-branded cookware, kitchen utensils, bedding and bath products since 2007.
Macy’s then sued J.C. Penney separately last August, a case that is slated to go to trial on March 4. Also last August, Justice Oing granted Macy’s a preliminary injunction blocking MSLO from taking any steps to develop products with J.C. Penney in the exclusive categories with Macy’s.