New York State Supreme Court Justice Jeffrey Oing ruled on Friday that beleaguered retailer JCPenney may sell Private Brand home décor products designed by Martha Stewart under the “JCP Everyday” Private Brand, at least until its court case with rival Macy’s concludes.
Macy’s sued both Martha Stewart Living Omnimedia and JCPenney over the deal. The civil case resumed this past week after mediation was unable to come to a settlement.
Justice Oing, who last year blocked JCPenney from using Stewart’s name, refused a request by Macy’s to prevent the sale of the products. The judge said Macy’s failed to show it would be irreparably harmed by the sale of non-branded Stewart products. Macy’s lawyer said the company would appeal the ruling. Macy’s has also claimed its licensing pact with Stewart prevents her from designing even non-branded goods.