Martha Stewart Gets ‘Secondary Matter’ Tossed in Macy’s Trial

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Martha Stewart Living Omnimedia Inc. persuaded a judge to reject a “secondary” claim in a breach-of-contract lawsuit by Macy’s Inc. over the exclusive right to sell Martha Stewart-branded products in its stores.

Martha Stewart Living didn’t violate the confidentiality requirement of its Macy’s contract by disclosing it to rival J.C. Penney Co., New York State Supreme Court Justice Jeffrey Oing ruled today. The judge is hearing motions by the three retailers after the conclusion of Macy’s case. If any part of the lawsuit survives, Martha Stewart Living and J.C. Penney may be forced to present a defense. Afterwards, the judge will deliver a verdict in the non-jury trial.