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Macy’s wins temporary ban against some J.C. Penney Martha Stewart sales


New York -- The latest round in the battle between Macy’s and J.C. Penney over the sale of Martha Stewart goods went to Macy’s, which on Monday challenged a judge’s decision on Friday to allow certain non-branded Martha Steward items to be sold — at least temporarily — in J.C. Penney stores under the JCP Everyday label.

Macy’s announced Wednesday that it won its appeal, as Richard T. Andrias, an associate justice with the New York State Supreme Court’s Appellate Division in Manhattan, ruled during a closed hearing in Manhattan Tuesday that J.C. Penney would be banned from selling Martha Stewart Living-designed goods under the Penney label until he rules on the retailer’s request for a temporary restraining order blocking the sales.

The Macy’s announcement came via an emailed statement by the retailer’s spokesman Jim Sluzewski, but the court has not yet confirmed the decision.

Macy’s is suing both New York-based Martha Stewart Living and Plano, Texas-based 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.

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