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MACY’S-MARTHA-PENNEY’S BACK IN COURT: The three again will be before Justice Jeffrey Oing in New York Supreme Court on August 1 at 10 a.m. for closing arguments after a three-month adjournment. The trial itself ended in April, with post-trial briefs filed at the end of May. All that was left was closing arguments. One reason for the break in schedule was due to another case that was set for trial on the court’s calendar.
Macy’s Inc. faced off against J.C. Penney Co. Inc. and Martha Stewart Living Omnmedia Inc. in a two-month breach of contract trial that began in February, took a short respite in March, and then resumed in April.
Macy’s sued Penney’s and MSLO more than a year ago over Martha Stewart’s 2011 deal with Penney’s to create Martha Stewart-branded shops-in-shop this past spring. Penney’s also bought a 16.6 percent stake in MSLO. Macy’s said the deal breached its contract with the home goods firm, which gave Macy’s the right to sell certain Martha Stewart-branded wares. Macy’s is seeking a permanent injunction to bar Penney’s from selling unbranded and branded goods designed for the department stores by Martha Stewart.