The month-long court ordered mediation for Macy's, J.C. Penney ("JCP") and Martha Stewart Living Omnimedia ("MSLO") did not come to any resolution so yesterday, the parties headed back to court to resume the trial over rights to sell Martha Stewart branded items. (Recap? read here).
Macy's wasted no time letting Judge Oing know that it it believed JCP had violated the injunction as it caught them selling Martha Stewart branded products that Macy's claimed it had exclusive rights to including plastic champagne flutes and acrylic pitchers. Macy's lawyers requested that the judge block these sales. MSLO attorney stressed that since these were disposable items, they did not fall into the exclusive categories as Macy's claims. Judge Oing granted JCP and MSLO some time to look into Macy's accusations and get back to him.
