New York – The long-running legal dispute over whether J.C. Penney has the right to sell Martha Stewart Living products appears to be nearing a conclusion. The Wall Street Journal reports that lawyers for Macy’s, which is suing Martha Stewart Living Omnimedia alleging a breach of contract giving Macy’s exclusive rights to sell Martha Stewart Living, Martha Stewart Living Omnimedia, and Penney, which may face fines and/or a ban on selling Martha Stewart Living products, all gave closing arguments in New York State Supreme Court yesterday.
The suit centers on whether Penney had the right to develop in-store Martha Stewart-branded boutiques it planned in 2011, but never built. Lawyers for Macy’s say the boutiques violated an exclusivity agreement, while layers for Martha Stewart Living and J.C. Penney say the contract Macy’s drafted for Martha Stewart Living was vague and poorly written, leaving room for other retailers to sell some products. New York State Supreme Court Justice Jeffrey Oing is expected to issue a decision soon.