Macy’s Inc. (M) failed to persuade an appeals court to impose a preliminary injunction that would have halted J.C. Penney Co. (JCP) from selling some goods designed by Martha Stewart Living Omnimedia Inc. which don’t bear the Stewart brand name.
An appeals court judge in Manhattan had refused to halt the sales of the goods, which are labeled under the brand “JCP Everyday,” on the condition that J.C. Penney not associate the products with the Martha Stewart name in promotions or marketing.
Jim Sluzewski, a spokesman for Macy’s, didn’t immediately respond to an e-mail seeking comment on today’s ruling.
The cases are Macy’s Inc. v. Martha Stewart Living Omnimedia Inc., 650197/2012, and Macy’s Inc. v. J.C. Penney Corp., 652861/2012, New York State Supreme Court (Manhattan).
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