The New York Supreme Court judge ruled Friday that Penney’s would be allowed to sell goods designed by Stewart, which are branded with the “JCP Everyday” trademark and the “double-house” logo. Macy’s, which won a preliminary injunction over the summer to keep its rival from selling Stewart-branded wares in certain exclusive categories, promptly filed an appeal Monday.
Prior to the injunction denial, Oing had thrown out a slew of other claims alleged by Macy’s against the defendants, which included unfair competition, damages as it related to disgorgement and breach of confidentiality.
Filed in New York state appellate court Monday, the court papers document six appeals in total by Macy’s, the most crucial one being the denial of the injunction.
Both Penney’s and MSLO declined to comment on the appeal, which was expected by all parties involved in the trial.
“In denying Macy’s motion, the Supreme Court erred in several significant respects,” Macy’s said in appeal papers. “First, the court concluded that Macy’s had failed to establish that it would suffer irreparable harm absent a preliminary injunction. That was reversible error, for it is well-established in New York that the breach of an exclusive license agreement with respect to unique services or designs constitutes irreparable harm.”
In the documents, Macy’s outlined other ways in which it satisfied obtaining an injunction, as it moved for the appeal to be expedited.
Prior to making his ruling on Friday, Oing had difficulty accepting Macy’s’ argument that it would suffer irreparable harm should Penney’s be permitted to sell the unbranded wares. In most preliminary injunction hearings, lawyers can point to monetary damages suffered by the plaintiff, and therefore argue for the offending products to be pulled from store shelves. In this case, there was no such quantifiable damage, as Penney’s had yet to sell the goods, lawyers for MSLO and Penney’s argued.
Oing concluded that should Penney’s be unable to sell what amounts to warehouses filled with unbranded goods, it would cause the already ailing department store to “suffer” harm and potentially cause a “ripple effect” that could result in a lot of money lost, as well as jobs.
“The bottom line is, there is nothing in the contract that says if they are not branded with the Martha Stewart trademark, you cannot sell them,” the judge said shortly before delivering his verdict Friday. “I’m taking it all in, and I will decide it. The appellate court will tell me if I’m right or wrong.”
While the court of appeals sets a date to hear Macy’s’ arguments, the trial will continue Wednesday morning with MSLO and Penney’s putting on its respective cases.
EXCLUSIVE: Two and half months after John Targon, cofounder and codesigner of Baja East, was hired as creative director of the contemporary division at Marc Jacobs, he has left the company, WWD has learned. Marc Jacobs International, which is owned by LVMH Moët Hennessy Louis Vuitton, confirmed Targon’s departure in a statement: “John Targon is a talented designer and we appreciate the work he has done here. Ultimately working together did not make sense for the brand and we wish him the best.” Read the story by @jessiredale, link in bio. #wwdnews
@theluxurycollection is officially launching a collection, tapping Sofia Sanchez de Betak for the capsule. Over 30 styles will be featured in the Chufy x The Luxury Collection, debuting next month at Bergdorf Goodman, The Webster, FiveStory and more. De Betak, known as “@chufy,” drew inspiration for the collection from her trips to Japan in the past year #wwdfashion
@lhd, founder and CEO of @thewebster, has teamed up with @lebonmarcherivegauche for the European launch of her ready-to-wear line, LHD. The launch will come with an exclusive pop-up opening today that’s set to run through May 20. Located on the second floor, it carries her debut Miami-themed resort collection, launched in November as see-now-buy-now. #wwdfashion
@longchamp, which marks its 70th anniversary this year, just opened its biggest U.S. store on Manhattan’s Fifth Avenue. On the lower level there’s a floor-to-ceiling display of the brand’s iconic Le Pliage bag – in all of its different colors, shapes and sizes. Customers can also have their product personalized in-store by imprinting names, initials or emblems. #wwdfashion (📷: @ericmtownsend)
“Whenever I’m in that place of sound and music, I don’t have fear or nervousness…This album has a lot of themes of courage and boldness and I want to be the soundtrack for people’s lives. I’ll be so happy if [my songs] evoke strength in people, which I know music has done for me,” says @kimbramusic of her newest album “Primal Heart.” The New Zealand-born singer sat down with WWD to talk about her music, newest tour and connecting with hear fans — read more on WWD.com #wwdeye (📷: @jilliansollazzo)
Luxury handbag resale company @rebagofficial is planning to sell a rare collectible for $70,000: the @hermes White Crocodile Himalayan Birkin. The exclusive Birkin sold for about $100,000 in 2008, when @davidbeckham bought one for his wife @victoriabeckham to add to her collection. Read more about the rare Birkin on WWD.com #wwdaccessories
With her costume pearl necklace and what-you-see-is-what-you-get style, Barbara Bush, who died Tuesday at age 92, was a straight-shooter from start to finish.
Born Barbara Pierce in New York City, Bush served as the 37th first lady, as well as the country’s second lady from 1981 to 1989. In addition to being part of the longest presidential marriage — 73 years — Bush also had the unlikely distinction of having one son, George W., become the 43rd president and another son, Jeb, run unsuccessfully in 2016. Having served as second lady during the Reagan administration’s two terms and lived all over the world during her own husband’s ascending political career, Barbara Bush made it clear that literacy — not fashion — was her priority. Read more from Rosemary Feitelberg’s obituary on the late First Lady in WWD.com, link in bio. #barbarabush #wwdnews
Western and ’90s trends have influenced denim for fall 2018. Think raw, dark and coated jeans mixed with bold prints and tough leather. #trendtuesdays #wwdfashion (Styled by @thealexbadia;📷: @ryanplett)