J.C. Penney, Martha Stewart Win First Round in Fight with Macy’s

This represents only the first round in the tussle between Macy’s and J.C. Penney over rights to use the Martha Stewart brand. Macy’s asserts an exclusive right to certain merchandise, including bedding and kitchen items. J.C. Penney and Martha Stewart counter that the deal between Macy’s and Martha Stewart is not exclusive.

J.C. Penney planned to sell bedding and other products designed by Martha Stewart, but under a different brand name. The struggling retailer, which just fired its chief executive officer, decided instead to keep these products off the shelves for the time being.

Macy’s lawsuit against J.C. Penney and Martha Stewart resumed this week after a hiatus of nearly a month while the parties tried to reach a mediated agreement.

J.C. Penney stock is up about 0.4% in premarket trading this morning, at $14.15 in a 52-week range of $13.55 to $36.89.

Macy’s shares are inactive, having closed yesterday up about 0.5%, at $44.56 in a 52-week range of $32.31 to $44.95.

Martha Stewart shares also are inactive, having closed yesterday up 4.3% at $2.42 in a 52-week range of $2.28 to $3.89.