Brand
We mean business
Comprehensive legal services for businesses
in New Jersey and New York
Best Lawyers | Best Law Firms | U.S.News & world report | 2021
Richard J. Lambert was named by Best Lawyers® as a 2021 Corporate Law “Lawyer of the Year.”

Best Lawyers® is the oldest and most respected peer-review publication in the legal profession. Only one lawyer in each practice area in a given community is honored as “Lawyer of the Year.”

top-contextual
comprehensive legal services for businesses

Macy’s and J.C. Penney in court over unfair competition

Many New Jersey businesses will experience conflicts with their competitors. Businesses are often fighting for a limited amount of customers while trying to make the most amount of money. In some situations, unfair competition can lead to commercial litigation between two businesses.

This seems to be the case between national retail giants J.C. Penney and Macy’s. The companies have been fighting for the right to carry Martha Stewart Living products in their stores. Recently, the case has gone to trial in New York.

J.C. Penney claims that as a part of its own revitalization, it acquired a 16.6 percent share in Martha Stewart Living. As part of that deal, J.C. Penney gained the right to carry Martha Stewart Living products in a so-called mini shop within its stores. The Martha Stewart Living mini shop was supposed to be one of many designers moving into similar arrangements with the department store.

Macy’s, on the other hand, claims to have the exclusive right to carry Martha Steward Living products within its store until 2018. This was part of a contract signed in 2007. Macy’s argues that Martha Steward Living is therefore prohibited from designing and selling house wares for any other store including J.C. Penney. Furthermore, Macy’s argues that they took the risk of developing Martha Stewart Living’s products and that now that it is popular J.C. Penney is trying to reap the benefits of Macy’s work.

The court has already temporarily prevented J.C. Penney from carrying products that were exclusively made by Martha Stewart Living for Macy’s. However, other new products are being allowed. The mini shops are set to open on May 1.

Commercial litigation involving contract disputes and unfair competition — like the lawsuit in this case — have the possibility of being distracting and expensive for businesses. However, with the right help, New Jersey businesses can avoid drawn out litigation and come to acceptable settlements.

Source: New Jersey Herald, “Macy, Penney to spar in court over Martha Stewart,” Anne D’Innocenzio, Feb. 20, 2013

Office Location

Dunn Lambert, LLC
1740 Broadway, 15th Floor
New York, NY 10019

Paramus Law Office Map

Dunn Lambert, LLC


New York Law Office Map


Phone: 551-228-2690
Fax: 201-957-0874

Phone:
Fax:
Best Lawyers | Best Law Firms | U.S.News & world report | 2021

GET ANSWERS from a firm
with a sense of business.

Archives

Review US
FindLaw Network