J.C. Penney Co. Inc. and Martha Stewart Living Omnimedia Inc. scored a major victory today.


Judge Jeffrey Oing did not grant Macy’s Inc.’s request to broaden its preliminary injunction against Penney’s and Stewart.

Macy’s sought for the judge to keep the department store from selling Martha Stewart unbranded, designed wares that were marked with Penney’s “double-house” logo and “JC Everyday” logo.

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Currently, Penney’s cannot sell home wares bearing Martha Stewart’s name.

Today’s decision allows Penney’s to unpack warehouses filled with unbranded, Stewart-designed goods, and begin selling them.

Macy’s indicated that it will appeal the decision.