Judge Rules for Martha Stewart Design JCP Everyday

Martha-StewartNew 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.


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Christopher Durham
Christopher Durham is the president of My Private Brand and the co-founder of The Vertex Awards. He is a strategist, author, consultant and retailer who built brands at Delhaize-owned Food Lion, and lead strategy and brand development for Lowe’s Home Improvement. He has consulted with retailers around the world on their private brand portfolios including: Family Dollar, Petco, Staples, Office Depot, Best Buy, Metro (Canada), TLW (Taiwan) and Hola (Taiwan). Durham has published five definitive books on private brands, including his first book, Fifty2: The My Private Brand Project. In 2017, he will debut his newest book, Vanguard: Vintage Originals, a visual tour of innovation and disruption in private brand going back to the mid-1800’s. Dynamic in his presentation while down to earth and frank in his opinions, he has presented at numerous conferences, including FUSE, The Dieline Conference, Packaging that Sells, Omnishopper and PLMA’a annual trade show in Chicago. Durham lives in Charlotte, NC with his wife, Laraine, and two daughters, Olivia and Sarah.