JCPenney Allowed to Sell Unbranded Products

Judge says Macy’s couldn’t prove irreparable harm
Posted April 15, 2013

JCPenney Corp. Inc. (Plano, Texas) is now allowed, due to a ruling by Judge Oing made Friday, to sell unbranded products created by Martha Stewart Living Omnimedia Inc. in its stores, according to Women’s Wear Daily. The judge’s decision centered on that Macy’s could not prove “that it had suffered irreparable harm.” Now that Penney’s is allowed to sell the products, Macy’s can be monitored to see if foot traffic or sales are impaired, according to WWD.

This new break came in time for Mike Ullman, JCPenney’s new chief executive, who will be meeting suppliers in New York this week. The meetings will be focused on Christmas season strategy and “shifting the fashion appeal toward Penney’s older, core customer and fits for those over 35,” WWD reports. Other items on the agenda for discussion include co-op advertising, delivery terms, branded shops, markdown money and promotions.