Sorry J.C. Penney, No More Martha Stewart Dish Towels For You

Macy’s seems to be winning their battle against J.C. Penney for the exclusive right to stock Martha Stewart‘s wares. Since 2006, the retailer has held a contract stipulating that only they may sell MSLO-branded bedding, bath, kitchen textiles, dinnerware and cookware, so when they found out that earlier this year that J.C. Penney was planning to open shop-in-shops featuring the home guru’s products, they promptly got litigious with it.

WWD reports today that for now the courts are siding with Macy’s, granting them their preliminary injunction, which will prevent Penney from stocking merch from the aforementioned categories at least until November, when the case is set to go to trial.

Macy’s lawyer Theodore Grossman used a handy sports metaphor to illustrate the situation: “If Derek Jeter entered into a contract with the Red Sox, I don’t think we’d wait to see if he’s productive in a Red Sox uniform.” Martha’s attorney, however, countered that plenty of their other branded goods are available elsewhere: “Derek Jeter is playing for 10 teams already.”

We’re inclined to agree with Macy’s on this one, even if their analogies could use some work. Jeter and Stewart may both be into giving out gift baskets, but we’re pretty sure that’s where the similarities end.


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