MARTHA’S MOMENT IN COURT: Macy’s Inc.’s legal dispute against Martha Stewart Living Omnimedia Inc. and J.C. Penney Co. Inc. is set to go to trial on Feb. 25. Presiding Judge Jeffrey Oing on Thursday set the contract dispute case’s pretrial conference for Feb. 19 in New York State Court. According to sources, the judge has blocked off three weeks for the trial, which will not be presented before a jury.

Macy’s has the exclusive right to sell certain Martha Stewart-branded products, but, in December 2011, Martha Stewart inked a deal with Penney’s to create Martha Stewart shops-in-shop in February 2013. Penney’s also bought a 16.6 percent stake in Martha Stewart Living Omnimedia. Last summer, Macy’s sued both J.C. Penney and Martha Stewart Living, separately, seeking to halt that sales agreement. In July, Macy’s won a preliminary injunction against Martha Stewart, barring the sale of certain home goods at Penney’s. A month later, Oing ruled that Penney’s could move forward with its plan to set up Martha Stewart shops-in-shop in the spring. The judge also consolidated the two cases.

This story first appeared in the January 4, 2013 issue of WWD. Subscribe Today.

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