Macy’s, J.C. Penney set to resume trial over Martha Stewart

NEW YORK, Mon Apr 8, 2013 — Macy’s Inc. and rival J.C. Penney Co. Inc. are due back in court Monday in their battle over Martha Stewart home goods after a month-long mediation effort appeared to have failed.

The trial is set to resume in New York state court over whether Macy’s has an exclusive right to sell certain Martha Stewart products.

The legal battle has hampered a key part of turnaround plans for J.C. Penney, which opened the first of its in-store boutiques on Friday with only some of the Martha Stewart goods it had originally planned.

Justice Jeffrey Oing last month ordered Macy’s, J.C. Penney and Martha Stewart Living Omnimedia Inc. into mediation in the hopes of resolving the dispute while the non-jury trial was in recess because of scheduling conflicts.

But, as of Friday, no deal had been struck and witnesses were scheduled to testify on Monday and Tuesday, according to a person familiar with the case.

Among the witnesses are J.C. Penney marketing executives, according to the person, who wasn’t authorized to speak publicly and did not want to be identified.