New York -- Macy’s Inc. filed an appeal on Monday, challenging Manhattan state court judge Jeffrey Oing’s Friday ruling that J.C. Penney can sell unbranded Martha Stewart goods in its stores, at least temporarily.
Penney was celebrating the decision that would allow it to sell Martha Stewart items as long as they didn’t carry her name, especially since the products – valued by one analyst at $100 million -- were already manufactured and being stored in warehouses.
In the Monday appeal, Macy’s claimed that Oing "erred in several significant respects." Previously, Oing had barred Penney from selling the disputed goods under a Martha Stewart label. His ruling on Friday denied a request by Macy's to expand that ban to include products that would be branded "JCP Everyday.