The judge in the Martha vs. Macy’s trial has scheduled a hearing for September 25, though he did not give a reason for the hearing. According to the Dallas Business Journal, the hearing is in response to the NY Post article that claimed JC Penney was dropping its plan to carry Martha Stewart-designed items–branded “jcp everyday”–in its stores. Obviously, if JC Penney voluntarily quits carrying the contested products, the lawsuit is ended in Macy’s favor.
After the original article ran in the NY Post, a spokesperson for MSLO stated “J.C. Penney remains one of our many retail partners. Our agreement with them is in force, and we have no intention of ending it,” indicating they would not be receptive to an early termination of the agreement. Unless there is specific language in the contract that allows JC Penney to do so, it is expected that MSLO may itself sue JC Penney for breach of contract.
From the Dallas Business Journal:
Oing oversaw the lengthy non-jury trial on a claim by Macy’s that Penney’s 2011 deal with Stewart violated her 2006 agreement with the Cincinnati-based retailer. Oing’s decision in the suit is expected soon. A source told Bloomberg that Oing intends to ask Penney’s lawyers if the story is true because it could affect his ruling on the contract.