J.C. Penney Co. Inc. can breathe a sigh of relief after a panel of appeals court judges allowed the embattled retailer to continue selling unbranded home wares designed by Martha Stewart.
For Penney’s, Tuesday’s ruling allows the retailer to unload warehouses filled with Martha Stewart-designed goods marked with “double-house” or “JCP Everyday” logos.
This matter was up in front of the Appellate Division of New York Supreme Court, following the lower court’s decision to permit Penney’s to sell unbranded goods on April 12. New York Associate Appellate Court Judge Richard Andrias mimicked the lower court’s ruling, denying Macy’s Inc.’s request for a temporary restraining order, while noting, for instance, that Penney’s should not associate the unbranded goods with Martha Stewart via advertising.
Macy’s, which faced off against Penney’s and Martha Stewart Living Omnimedia Inc. in a two-month breach of contract trial, had asked the lower court to broaden its preliminary injunction to extend to unbranded goods.
But presiding New York State Court Judge Jeffrey Oing denied Macy’s’ request to expand the injunction he put in place over the summer, which kept Penney’s from selling goods bearing Martha Stewart’s trademark.
The trial, which is adjourned, will officially wrap up with closing arguments that have yet to be scheduled.
Macy’s is seeking a permanent injunction that would keep Penney’s from selling just the branded goods, including wares like plastic cups and pitchers that are currently being sold by Penney’s under the “celebrations” category. In addition, Macy’s is seeking damages that will be deemed by the court.
“While we are disappointed that the Appellate Division declined on an emergency basis to expand the relief that we have already obtained from the trial court, we are very pleased that our original preliminary injunction, which bars the sale of Martha Stewart-labeled kitchen, bath and bed goods at J.C. Penney, and the trial court’s further order prohibiting Martha Stewart from promoting ‘JCP Everyday’ goods, remain very much in place,” a Macy’s spokesman said. “We look forward to our final and full relief at the conclusion of these proceedings.”
Harrods plans to remove the famous statue of Princess Diana and Dodi Al Fayed from the bottom of the Egyptian escalators and hand it back to Mohamed Al-Fayed. “We are very proud to have played our role in celebrating the lives of Diana, Princess of Wales and Dodi Al Fayed at Harrods and to have welcomed people from around the world to visit the memorial for the past 20 years,” said Michael Ward, Harrods managing director. “With the announcement of the new official memorial statue to Diana, Princess of Wales at Kensington Palace, we feel that the time is right to return this memorial to Mr. Al Fayed and for the public to be invited to pay their respects at the palace.” More on the news, with reporting by @loreleimarfil, at WWD.com. #wwdnews
@prada is introducing a new project at its men’s fall 2018 show this Sunday: “Prada Invites.” The fashion house invited four celebrated creative minds – @ronanaerwanbouroullec, Konstantin Grcic, @herzogdemeuron and @rem.koolhaas – to each create a unique item with its iconic nylon material. The designs will be unveiled on the runway show, which will take place at the company’s warehouse in Viale Ortles 25. #wwdfashion #mfwm (📷: @martinocarrera)
@kering_official is spinning off its stake in puma in an effort to focus on its luxury brands, the brand operator announced yesterday. “We are proud to have supported the turnaround of Puma, which now has unrivaled capabilities to take full advantage of the specific dynamics of its global markets and is poised to achieve substantial growth,” said François-Henri Pinault, Kering’s chief executive officer and chairman. Artémis will become a “long-term strategic shareholder” of Puma with a 29 percent stake. #wwdnews #wwdfashion (📷: @jilliansollazzo)
The fashion world mourns for celebrated street style photographer, Nabile Quenum, who died at age 32 in Paris.
Quenum, creator of the fashion blog “J’ai Perdu Ma Veste,” was a fashion week fixture, and regularly shot for New York magazine’s The Cut, among other outlets, and brands such as Louis Vuitton, Moncler and Adidas. He was also actively involved in the #NoFreePhotos initiative, which kicked off in the fall. Read more about Quenum in @kbsmoke's story on WWD.com. #wwdnews
@verwanggang and @maisonladuree have teamed up on a dessert collab called Vera Wang Pour Ladurée. The collection, which launched this week, features a specialty macaroon, as well as a wedding cake inspired by one of the designer’s gowns. “I could not imagine a more delicate or sophisticated creation to grace any couple’s celebration,” said Wang. #wwdfashion