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Macy's request for restraining order denied

By Associated Press

LAST UPDATED: 07:45 a.m. HST, Apr 18, 2013

NEW YORK » A New York Appellate judge has rejected Macy's request to slap rival J.C. Penney Co. with a temporary restraining order barring it from selling non-branded goods designed by Martha Stewart while an appeal is pending.

On Monday, rival Macy's Inc. filed an appeal to overturn a decision made by New York State Supreme Court Judge Jeffrey Oing on Friday. That decision had allowed Penney to sell home products under the label JCP Everyday until a lawsuit that Macy's is waging against Penney and Martha Stewart Living Omnimedia Inc. is decided.

Macy's, based in Cincinnati, had argued that the JCP Everyday products violate its long-standing exclusive agreement with Martha Stewart in certain products like bedding and cookware.

Today's decision made by New York Appeals Judge Richard Andrias offers Penney a short-term reprieve until an appellate panel of five judges makes the decision on that issue. The ruling is expected late next week.

A temporary order made last summer by Oing still bars Penney of Plano, Texas, from selling Martha Stewart-branded goods in the exclusive categories.

The development is the latest in a heated court battle that started late February over the two department stores' partnership with Martha Stewart.

In afternoon trading, Macy's shares declined 55 cents to $43.06. JC Penney shares added 26 cents to $15.03.

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allie wrote:
all bad products
on April 18,2013 | 07:53AM
saveparadise wrote:
Girl fight! Charge admission....
on April 18,2013 | 08:56AM
bender wrote:
Maybe Macy's should go after Martha Stewart since it appears they are supplying JC Penny.
on April 18,2013 | 10:25AM
cojef wrote:
Sales is king, gotta stop it from impacting your sales, that's the name of the game. Re. Martha Stewart she is some character to double deal Macys and JC. Any way JC is changing CEO's cuz sales has not improved from the former Apple genius that made the breakaway.
on April 18,2013 | 10:44AM
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