New York State Supreme Court judge, Justice Jeffrey K Oing, has asked retailers Macy’s Inc (NYSE:M) and J.C. Penney (NYSE:JCP), and home merchandise company Martha Stewart Living Omni Media Inc (NYSE:MSO) to participate in mediation proceedings and “find some common ground” before the trial resumes for hearing on April 8. In fact, at the judge’s request, Martha Stewart and Macy’s chairman Terry Lundgren spoke on the telephone and discussed the dispute. Macy’s sued Martha Stewart’s company in January 2012, and J.C. Penney a few months later, objecting to their December 2011 deal whereby J.C. Penney would sell Martha Stewart items in new mini-stores. Macy’s claimed it had exclusive rights to sell items such as bedding and cookware, and that it built up Martha Stewart’s brands after 2005. It accused J.C. Penney of trying to take advantage of Macy’s hard work.
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