J.C. Penney selling Martha Stewart-designed goods while court battle rages

New York -- A Monday report by Reuters said that J.C. Penney has begun selling the Martha Stewart “JCP Everyday” lines of home goods, without waiting for a decision from the New York court.



According to Reuters, Penney general merchandise manager Paul Rutenis testified in New York State Supreme Court on Monday that "as of today, those products are on the floor and online."



A judge ruled earlier this month that J.C. Penney could sell certain Martha Stewart designed goods under the "JCP Everyday" label, at least until an appeal by Macy's is decided. A ruling on the appeal could come as early as this week.



J.C. Penney decided in September to manufacture the goods under the "JCP Everyday" label after it was prohibited last summer from selling them under Martha Stewart's name, according to Rutenis’ testimony, who also said that Penney would suffer "substantial harm" during the spring 2013 season if it couldn't sell the already manufactured items, valued at $100 million.