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Macy's Seeks Appeals Court Order Against J.C. Penney

Macy’s Inc. asked an appeals court to bar J.C. Penney (JCP) Co. from selling some unbranded goods designed by Martha Stewart Living Omnimedia Inc. while the case is pending.

The second-largest U.S. department-store chain yesterday filed an appeal of the refusal of Justice Jeffrey K. Oing of New York State Supreme Court to order Plano, Texas-based J.C. Penney not to sell the goods.

Macy’s today asked the state appeals court in Manhattan to issue a temporary restraining order against J.C. Penney pending the appeal, Jim Sluzewski, a Macy’s spokesman, said in an e- mail. The filing couldn’t be immediately confirmed in court records.

Oing said Macy’s hadn’t shown that it would suffer irreparable harm if J.C. Penney was allowed to sell the unbranded goods. The judge said an earlier injunction he issued in July against Martha Stewart Living applied only to goods branded with Martha Stewart’s name in categories exclusive to Macy’s, such as cookware and bedding.

Macy’s, based in Cincinnati, is suing both Martha Stewart Living (MSO) and J.C. Penney, alleging that sales of products designed by Stewart’s company in J.C. Penney stores violate an exclusivity deal between Martha Stewart and Macy’s signed in 2006.

Joey Thomas, a spokesman for J.C. Penney, said in an e-mail that the company had no comment on Macy’s request. Martha Stewart Living didn’t immediately respond to an e-mail seeking comment on the new request for a court order.

The cases are Macy’s Inc. v. Martha Stewart Living Omnimedia Inc., 650197/2012, and Macy’s Inc. (M) v. J.C. Penney Corp., 652861/2012, New York State Supreme Court (Manhattan).

To contact the reporter on this story: Chris Dolmetsch in New York State Supreme Court at cdolmetsch@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

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